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(영문) 대전지방법원 천안지원 2018.05.03 2018고단423
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[M] On May 27, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court (Dsan Branch) on May 27, 2010. On June 2, 2017, the Daejeon District Court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving).

[Criminal facts] On January 14, 2018, the Defendant driven a vehicle B heading 1.8 km in the section B with approximately 697 km as on the part of the captain of Asan-si, Asan-ro, the master of Asan-ro, Asan-ro, 592-20% of alcohol content while under the influence of around 21:13 without obtaining a driver’s license, and driving a vehicle B heading 1.8 km in the section B at around 697, Asan-si, the master of Asan-si.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking driver, report on the circumstances of a drinking driver, notification of the results of regulating the driving of drinking, and inquiry into the results of regulating the driving of drinking;

1. The ledger of driver's licenses of motor vehicles (electric power violating Article 44 (1) of the Road Traffic Act not less than twice);

1. Written inquiry about criminal history, etc.;

1. Investigation reports (verification of driving skills of drinking) and the application of Acts and subordinate statutes of Part II of summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including the background of the instant crime, the degree of alcohol content during blood transfusion, the background of detection, the driving distance, and the criminal punishment of the Defendant.

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