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(영문) 대전지방법원 서산지원 2018.12.20 2018고단913
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 17, 2010, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 3,500,000 for a violation of road traffic laws (drinking driving) at the Seosan Branch of the Daejeon District Court. On September 24, 2012, the Defendant was issued a summary order of KRW 3,50,000 for a violation of road traffic laws (dacting driving) at the Seosan Branch of the Daejeon District Court. On June 20, 2013, the Defendant was issued a summary order of KRW 6 million for a violation of road traffic laws (dacting driving) at the Seosan Branch of the Daejeon District Court. On February 10, 2017, the said judgment became final and conclusive on February 18, 2017 during the suspension period.

[2] On June 9, 2018, the Defendant was driving a vehicle with alcohol level of 0.142% under the influence of alcohol level of 0.142% in the blood. However, the Defendant was driving a vehicle from around 3 to 4 km in Seosan City, Seog City, D, and the front road at approximately 3 to 4 km in the direction of the vehicle under the influence of alcohol level of 0.142% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by the F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. An accident scene photograph;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the report of confirmation between the criminal suspect and the period of suspension of execution), three copies of summary order, and one copy of the judgment;

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 (unlicensed Driving)

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

1. Not only has the record that the defendant had been punished several times for the same kind of crime but also has the reason for sentencing selective punishment of imprisonment.

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