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(영문) 대전지방법원 공주지원 2018.09.14 2018고단334
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 5, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at a public order by the Daejeon District Court’s official order on December 5, 2014, and on December 16, 2014, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking). On April 14, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (drinking) in the support of the Daejeon District Court’s Incheon District Court.

[2] On April 24, 2018, the Defendant driven a D QM6 vehicle under the influence of alcohol leveling to approximately 0.05% of alcohol leveling from the 10km section to the 2nd road of the Cheongyang-gu, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Seoul, around 2018.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition of drinking at least twice.

around 01:00 on July 4, 2018, the Defendant driven a D QM6 car without obtaining a driver’s license from the front day of the F’s “F” road located in Chungcheongnam-gun, Chungcheong-gun, Chungcheongnam-gun, to approximately 9km from the front day of the same military G road.

Summary of Evidence

"2018 Highest 334"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the same criminal records and confirmation of the suspect), 2018, 347;

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Grounds for sentencing of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes within the scope of adding up the long-term punishment specified for a crime of violating Road Traffic Act with heavy punishment) of the same Act;

1. The scope of punishment by law shall be sentenced to imprisonment;

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