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(영문) 대전지방법원 천안지원 2018.05.11 2018고단255
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violating the Road Traffic Act (drinking driving), on January 12, 201, by the same court on January 12, 201, a fine of KRW 5 million for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (dangerous Driving), traffic violation (drinking driving), and violation of the Road Traffic Act (drinking driving). On January 13, 2017, the Defendant was sentenced to a fine of KRW 5 million for the same court on January 13, 201.

On January 8, 2018, the Defendant, while under the influence of alcohol 0.170% in blood without a driver’s license, operated approximately 4 km from the north-gu, Seoan-gu, Seoan-si to the 10-3 Northwest-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, U.S., to the entry section of the IC on the 10-3 Northwest-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu (from the point of view), with approximately 0

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the occurrence of a traffic accident, a report on the circumstances of the driver at the main driver, and an investigation report (a report on the circumstances of the driver at the main

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving (A);

1. The driver's license ledger (A);

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures, was subject to criminal punishment three times due to driving under drinking, as stated in the facts constituting a crime in the judgment, and was also subject to criminal punishment due to a violation of road traffic law (unnecessary measures after accidents) or a special assault.

The blood alcohol concentration at the time of the instant case is considerably high.

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