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(영문) 대전지방법원 공주지원 2017.09.01 2017고단203
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On December 8, 2008, the Defendant received a summary order of KRW 700,000,000 for a fine of KRW 1.5 million for a violation of road traffic law in the official support of the Daejeon District Court on March 27, 2012, a summary order of KRW 1.5 million for a violation of road traffic law (drinking) at the Daejeon District Court on March 27, 2012, and on June 18, 2015, a summary order of KRW 5.5 million was issued by the Daejeon District Court on June 18, 2015.

[2] On June 9, 2017, the Defendant: (a) was a person who violated the provision prohibiting driving of alcohol twice or more; (b) was driving B Obba while under the influence of alcohol with approximately KRW 500 meters at a distance of about 100 meters from 13:5, 19:5, 197-20, to the front day of a restaurant in the same Dong from 1:97-20, to 3:00,000, without obtaining a bicycle license for a motor device, while under the influence of alcohol concentration of 0.064%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of control, a written statement of the situation of the driver in charge, an investigation report (report on the situation of the driver in charge of driving), inquiry into the results of crackdown on drinking driving, the report processing cases 112, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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;

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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, choose a sentence of imprisonment with prison labor on the grounds of multiple criminal records.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

In this context, the Defendant’s age, sex, alcohol concentration during blood transfusion, frequency and frequency of unlicensed and drunk driving, details of the crime, circumstances after the crime, etc. shall be determined in consideration of various circumstances such as the Defendant’s age, sex, blood alcohol concentration, frequency and frequency of driving without license and drinking.

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