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(영문) 대전지방법원 서산지원 2018.01.12 2017고단1026
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 22, 2017, the Defendant was sentenced to a suspended sentence of two years in August 2, 2017 for a violation of road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court for the same year.

9. On April 1, 2016, the said judgment became final and conclusive and is currently in suspension of execution, and the same court violated the provisions on prohibition of drinking, such as: (a) a fine of KRW 3 million for a crime of violating road traffic laws (driving alcohol); (b) a fine of KRW 5 million for the same crime committed in the same court on December 9 of the same year; and (c) a fine of KRW 5 million for the same crime committed in the same court on March 3, 2017; and (d) a person who has violated two or more times the same provisions on prohibition of drinking,

1. On October 20, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) (drinking driving) on the road: (a) on October 20, 2017, the Defendant driven a C-learning car under the influence of alcohol leveling 0.146% of alcohol level while under the influence of alcohol leveling 0.146%, without obtaining a driver’s license, from the front side of a cafeteria in the middle of the city of Jin-si to the road of Jin-si in the middle of the 62-18 (Eup/Myeon/Dong).

2. No person who violates the Guarantee of Automobile Damage Compensation shall drive any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the C&L car that was not covered by mandatory insurance, such as the statement in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries, such as a statement report on the situation of the driver placed in the main place, field photographs, criminal history, etc., ledger of driver's license, inquiries about mandatory insurance, and reporting results of previous convictions;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes committed the same kind of crime from 2016 to 4 times a year, and thereby, the suspended execution period;

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