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(영문) 대전지방법원 논산지원 2017.12.22 2017고단687
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On May 27, 2014, the Defendant was issued a summary order of 500,000 won for a crime of violating road traffic laws (licenseless driving) at the competent district office in the Daejeon District Public Prosecutor's Office on December 22, 2014. On January 30, 2015, the Defendant was issued a summary order of 50,000 won for a violation of road traffic laws (licenseless driving) at the Daejeon District Public Prosecutor's Office located in the Daejeon District Public Prosecutor's Office, and was issued a conditional suspension of indictment for a violation of road traffic laws (licenseless driving) at the competent district office in the Daejeon District Public Prosecutor's Office on April 23, 2015. On September 21, 2016, the Defendant completed the execution of the sentence at Daejeon District Public Prosecutor's Office on May 1, 2017.

[Criminal facts] On September 20, 2017, the Defendant driven a e-sports car at approximately 1km distance from the D Hospital parking lot located in C in C in Ansan-si to the D Hospital parking lot in the front of the Simsan-si, 0.185% alcohol level without obtaining a driver’s license on September 20, 2017.

As a result, the Defendant violated the prohibition of drinking, and re-driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the current status of personal confinement, investigation reports (formers and confirmations thereof), previous convictions and results of confirmation (Evidence Records No. 112 pages of evidence records);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act is that of aggravated repeated crimes.

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