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(영문) 대전지방법원 2018.11.29 2018고단1116
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On July 11, 2003, the defendant was sentenced to a summary order of 1.5 million won for a fine for a violation of road traffic law at the Daejeon District Court on March 20, 2007, a summary order of 1 million won for the same crime at the same court on March 20, 207, and a summary order of 2.5 million won for the same crime at the same court on December 30, 2008, respectively. On July 1, 2009, the defendant was sentenced to a summary order of 2.5 million won for the same crime at the same court on June 17, 2013. On September 21, 2016, the defendant was sentenced to a suspended sentence of 1 year for the same crime and was sentenced to a suspended sentence of 6 months for a violation of the Electronic Financial Transactions Act at the same court on September 21, 2016. The defendant was sentenced to a fine of 2.8 years in the same court on May 20, 2018, 2018.

1. Although Defendant 1 had been punished for drinking two or more times as above, Defendant 2 driven a motor vehicle with Eteme while under the influence of alcohol content of about 0.116% in the section of approximately 2.5km from the front side of Daejeon Taedong-gu, Daejeon to the front side of D in Daejeon Taedong-gu, Daejeon, around March 8, 2018.

2. On August 14, 2018, the Defendant: (a) driven a motor vehicle in E-Tech from the road front of the Daejeon Dong-gu, Daejeon to the G-gu, Daejeon, without obtaining a motor vehicle driver’s license around 19:20 on August 14, 2018.

Summary of Evidence

1. Statement by each of the defendants in court;

1. "Inquiry about criminal history" 2018 Highest 1116;

1. "Inquiry about the results of crackdown on driving drinking, 2018 high group 2780";

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

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

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

1. Selection of penalty: Imprisonment;

1. The defendant's age, sex, family relationship under the following circumstances in the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code aggravated concurrent crimes.

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