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(영문) 대전지방법원 천안지원 2018.05.17 2017고단2690
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[M] On March 31, 2008, the Defendant issued a summary order of KRW 100,000,000 as a fine for a violation of the Road Traffic Act at the Seocheon Branch of the Daejeon District Court on March 31, 2008; on December 5, 201, the same court issued a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act (driving) at the same court on December 5, 201; on July 13, 2017, the Defendant was sentenced to an order of ten-month suspension of the execution of imprisonment for a violation of the Road Traffic Act; and on July 13, 2017, the said court became final and conclusive on the 21st of the same month.

[2] On September 3, 2017, the Defendant: (a) driven a vehicle with a gallon C gallon in a section of about 15 meters in front of a nearby large bus parking lot in front of the port passenger terminal in 15 meters, without obtaining a driver’s license on September 3, 2017; and (b) under the influence of alcohol content of 0.131% in alcohol during blood; and (c) the Defendant driven a vehicle with approximately 15 meters in front of the adjacent large bus parking lot.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Each statement (D, E);

1. A traffic accident report and a manual for regulating drinking without a license;

1. Notification of the results of regulating the driving of drinking alcohol, inquiry of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), and photograph on the

1. The ledger of driver's licenses of motor vehicles (electric power violating Article 44 (1) of the Road Traffic Act not less than twice);

1. Written inquiry about criminal history, etc.;

1. Each investigation report (the confirmation of the fact during the period of suspension of the execution of a suspect and the review of the criminal records of the same kind of crime);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da11448, Apr. 1, 2007) are as follows.

The accident was discovered not by the Japanese drinking control but by the accident.

The drinking volume also is 0.131%.

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