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(영문) 대전지방법원 홍성지원 2018.07.11 2018고단389

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 3, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic law in the Hongsung Branch of the Daejeon District Court, and on August 9, 2013, the Defendant was sentenced to a fine of KRW 10 million for the same crime, etc. in the same court on August 9, 2013, and two years for suspension of execution and imprisonment for the same crime, etc., and on February 11, 2015, respectively.

[2] Although Defendant 1 had been punished for a violation of the Road Traffic Act (drinking) more than twice as above, Defendant 2 driven a D self-drawed vehicle with alcohol concentration of approximately 0.207% in the section of approximately 1.5km from May 22, 2018 to the front road of the Yannam Budget-gun Seoul Metropolitan City, without obtaining a driver’s license around 18:10 on May 22, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. The driver's license ledger;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), text of judgment, and summary order statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Traffic Act of a road with heavier punishment);

1. The Defendant’s reason for sentencing a sentence of imprisonment with prison labor, including the record of punishment as a suspended sentence of imprisonment, was found to have been sentenced to five drinking alcohol driving or rejection of measurement of drinking alcohol driving without exception at the time of the previous crime of drinking alcohol driving, and the Defendant was sentenced to a fine for the crime of driving alcohol and driving without obtaining a license during the period of suspension of the execution of the same offense for three years prior to the previous crime of drinking, resulting in an urgent traffic accident by repeating the sentence with a very high drinking level.

Local communities, such as being in charge of major duties in various regional organizations.