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(영문) 대전지방법원 천안지원 2019.01.11 2018고단512

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 29, 2006, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s branch on September 29, 2006. On February 10, 2015, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s Branch of the Incheon District Court on February 10, 2015.

around 01:00 on February 13, 2018, the Defendant driven an Eunstun cargo vehicle under the influence of alcohol content of about 4 km from the 4km section to the cafeteria road located in the ASEAN City, Asan City, from February 13, 2018.

around 23:40 on April 14, 2018, the Defendant driven an Eunstun vehicle while under the influence of alcohol of about 4-5 km from the nearest road in ASEAN-si to the nearest road in the east of the west-dong Zone in Busan-si, Asan-si, with a degree of about 0.134 % alcohol content.

Summary of Evidence

"2018 Highest 512"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Notification of the result of crackdown on drinking driving;

1. Three on-site photographs;

1. For previous records of judgment: Criminal history records, etc., inquiry report, investigation report (verification of the record of punishment for running sound), copy of summary order "2018 Highest 2539";

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry inquiry report and investigation report (report on the confirmation of the same criminal records) statute, including each criminal record;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though the Defendant had been punished for drunk driving twice, committed each of the crimes in this case.

In particular, the defendant is driving under the influence of alcohol in the case of 2018 Highest 512.