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(영문) 대전지방법원 2017.12.19 2017고단4042
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 6, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car at around 20:00, without obtaining a driver’s license for a vehicle. On October 6, 2017, Article 382-8 of the Daejeon Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seogwon Parking Zone driving a car at approximately 200 meters in the area near the Donggmadong-dong 2 Dong Office

2. On January 24, 2007, the Defendant issued a summary order of KRW 200,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 19, 201, a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the same court on August 19, 2013, and a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) at the same court on September 16, 2013, respectively.

On October 6, 2017, the Defendant was under the influence of 0.102% of alcohol concentration in blood, without obtaining a driver’s license on around 22:48, and the Defendant was driving a CKaman-kin car at approximately 200 meters in the same Gu’s mountain field, from the area near the 2nd Dong-dong, Seogu, Daejeon, Seo-gu, Daejeon, to the same Gu’s mountain field, from around 382-8.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. A report on investigation, an accident-related photograph, and an investigation report on the actual condition of a traffic accident;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation reports (the same kind and confirmation);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor (the following extenuating circumstances, among the reasons for sentencing, shall be considered):

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

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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