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(영문) 대전지방법원 서산지원 2015.03.19 2014고단547
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On February 14, 2008, the Defendant was sentenced to a summary order of KRW 700,000 for a fine of KRW 7 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on May 22, 2008, the summary order of KRW 3 million for a violation of the Road Traffic Act (driving) was issued by the same court on May 22, 2008, and on August 31, 2012, the same court was sentenced to a suspended sentence of KRW 4 months for a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive on September 8, 2012.

【Criminal Facts】

1. On September 16, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving license on 19:10 on September 16, 2013, the Defendant once again violated the foregoing provisions and driven the lebane under the influence of alcohol again while under the influence of alcohol, by driving approximately 2 km from the front of the site of the lebin, which is in the 0.104% alcohol concentration in the blood, on the road of the lebin city B at the ebscopic city to the front road of the ebscopic apartment located in the ebscopic of the ebscopic city at the ebscopic city.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said otobs without mandatory insurance, such as Paragraph (1) and paragraph (1) at the time and place.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. Notification of a report on detection of a driver, the register of driver's licenses, and the unregistered one;

1. An accident site photograph;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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