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(영문) 대전지방법원 서산지원 2017.10.10 2017고단666
도로교통법위반(음주운전)등
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of road traffic law in the Seosan Branch of the Daejeon District Court on October 12, 2012, and on September 22, 2016, the Defendant was sentenced to a fine of KRW 5 million for the same crime, etc. at the Daejeon District Court on September 22, 2016.

On June 23, 2017, the Defendant driven an unregistered large forest spacker, without obtaining a motor device license from approximately 50 meters section of approximately 0.122% alcohol level, while under the influence of liquor at about 0.122%, and without being subscribed to a mandatory insurance, from the front of the “YYYYYYYYYYYYYYYYY 2:54-7, Jin-si, Jin-si, Jin-si, 201, to the front of the “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 2:00 Y

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the previous rulings, etc.);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a person who operates a bicycle with no mandatory insurance)

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant repeats a license without drinking alcohol.

The corresponding punishment shall be imposed, and the punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the details of the instant driving, alcohol concentration during blood, and the age, sex, and environment of the accused.

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