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(영문) 대전지방법원 2017.01.20 2016고단2953
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 14, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act by the Daejeon District Court of Daejeon on January 14, 2014. On April 1, 2013, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving). On May 22, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) by the same court. On May 22, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act. On June 25, 2007, the Defendant was sentenced to a penalty of KRW 70,000,000 for a violation of the Road Traffic Act and was issued a summary order of KRW 700,00 for a violation of the Road Traffic Act.

[2] On August 6, 2016, the Defendant: (a) driven a motor vehicle with Cromatic alcohol concentration of about 0.077% while under the influence of alcohol at approximately 300 meters at a section of approximately 300 meters from the day after the opening of the mouth in the Jung-gu Ambassador Dong, Daejeon around 21:55 to the day before the direction of the road in the same Dong.

Accordingly, although the defendant had a record of driving a drinking vehicle more than twice, he again driven the car while under the influence of alcohol.

On October 21, 2016, the Defendant driven a motor vehicle of approximately seven km from the front side of Daejeon-gu, Daejeon-gu, Daejeon-dong, Daejeon-dong, Daejeon-dong, to the Daejeon-dong, Daejeon-dong, Daejeon-dong, with no driver's license. On October 21, 2016, the Defendant driven a motor vehicle of approximately seven km in the south-gu, Daejeon-gu, Daejeon-dong, Daejeon-dong, Daejeon-dong, with no driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Statement of a criminal investigation report (Attachment to a summary order);

1. Description of a written reply to inquiries, such as criminal history;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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