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(영문) 대전지방법원 천안지원 2018.11.19 2018고단2377
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant received each summary order of KRW 5,00,000 as a fine for a crime of violating the Road Traffic Act (driving) on November 8, 2010 and a fine of KRW 5,00,00 as a crime of violating the Road Traffic Act (driving) on August 4, 2014.

[2] On August 21, 2018, the Defendant driven an EM5 vehicle without a vehicle driver’s license in the direction of 0.134% alcohol during blood transfusion at around 00:31, the Defendant, without a vehicle driver’s license, at approximately KRW 100 meters from the front side of the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon to the front side of the D-gu, Seoan-gu, Y5 vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver working at the main place (Evidence No. 17);

1. The driver's license ledger (the sequence 21 of the evidence list);

1. Mandatory insurance inquiry (S No. 23 of the evidence list);

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (the confirmation date of the judgment of the suspension of execution of A), and application of Acts and subordinate statutes to a report on investigation (Attachment of previous

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a non-mandatory motor vehicle);

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

1. Selection of each sentence of imprisonment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three times of drinking alcohol driving and one time of punishment for refusing to measure drinking. In particular, the defendant, who was sentenced to a suspended sentence of imprisonment due to the above refusal to measure drinking, driving a motor vehicle without a driver's license under the influence of alcohol again during the period of suspended sentence.

Since the defendant is under suspension of execution, it is inevitable to sentence him/her as he/she falls under grounds for suspension of execution.

However, the defendant has recognized a mistake, and has recently been recognized.

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