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(영문) 대전지방법원 서산지원 2015.04.15 2015고단192
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On June 4, 2009, the Defendant was sentenced to a fine of 2.5 million won for the violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on June 4, 2009, and a fine of 2 million won for the same crime, etc. in the same court on June 18, 2009. On October 29, 2010, the Defendant was sentenced to imprisonment for one year for a violation of the Road Traffic Act (driving) in the same court on October 29, 201 and completed the execution of the sentence in the Daejeon Prison on November 24, 201.

【Criminal Facts】

1. On August 2, 2013, the Defendant, without a car driver’s license, driven a Cho XG car under the influence of alcohol leveling 0.268% from the 1km section to the frontway of the high-speed agricultural machinery in the same Ri, from the parking lot of the Dobong-gu Village apartment located in the Sinyeong-gu, Sinjin-si, Sinjin-si without a car driver’s license, to the frontway of the high-speed agricultural machinery.

2. On March 3, 2015, the Defendant driven a DNA-pact car under the influence of alcohol with approximately 10km from the 10km section to the frontway of the Yanannananan-gun, Chungcheongnam-gun, Chungcheongnam-gun, without a car driver’s license, from around March 19, 2015 to the frontway of the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant was driving a DNA-pact car under the influence of alcohol level of about 0.269%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on request for appraisal, each written report on driving of an employee, and circumstantial statement of an employee;

1. The register of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of criminal records of the same kind as a suspect), investigation reports (report on the confirmation of recidivism of a suspect), and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes:

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