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(영문) 대전지방법원 서산지원 2018.02.20 2018고단26
도로교통법위반(음주운전)등
Text

1. The punishment of the accused shall be one year;

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

Reasons

Punishment of the crime

On March 22, 2007, the Defendant was sentenced to four months of imprisonment due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on March 2, 2007, and on October 31, 2008, the Defendant was sentenced to six months of imprisonment due to the same crime, etc. in the same court, and was sentenced to six or more times of a violation of road traffic law.

On October 26, 2017, around 18:25, the Defendant driven B Poter Cargo not covered by mandatory insurance in the state of alcohol 0.078% under the influence of alcohol, from around 5km to 238, from the rith of the rith of the rith of the rith of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the road near the 238th of the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver placed in the main place and inquiry into the mandatory insurance;

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

1. Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the same Act, and the selection of imprisonment, respectively;

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. 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, re-driving of the same alcohol even though he/she had a record of punishment due to drinking driving.

The defendant lacks the awareness of compliance seriously.

I seem to appear.

Although the defendant should be punished strictly, the defendant is expected to be aware of through the implementation of an order to observe the protection, observe the order, and attend the lecture in consideration of the details leading to the driving of the case, driving distance, alcohol concentration, etc. revealed in the public trial and investigation records, and finally, the defendant will be faced with the order, and the punishment shall be determined like the order.

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