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(영문) 대전지방법원 천안지원 2016.08.31 2016고단1224
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Suwon District Court on the grounds of a violation of the Road Traffic Act (drinking driving), and the judgment becomes final and conclusive on the 15th of the same month, and is still under the suspended sentence.

In addition, on December 12, 2014, the Defendant had the same record as the above court received a summary order of KRW 1 million as a fine for the above crime on May 4, 2009 from the Changwon District Court on May 4, 2009, and on March 16, 2009.

1. On February 18, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven an EM7 car from the front of the Dong-dong apartment located in the Sincheon-gu New-dong, Hocheon-si, Hocheon-si, Hocheon-si, Changwon-si, Changwon-si, to the roads adjacent to the Chang-gu, Chang-si, Mapo-si, Changwon-si, Mapo-si, without a driver’s license around 267 km.

2. On February 8, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) at least twice, and the Defendant driven an EM7 car at a 300-meter radius from the roads near the Chang-si Mapo-dong, Chang-si, Chang-si, Mapo-si, Mapo-dong, Mapo-dong, with a alcohol content of at least 0.124% under the influence of alcohol without a driver’s license on February 8, 2016 to the front day of the Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, Mapo-dong, with a alcohol content of at least 00 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. The driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the fact during the period of suspension of execution and attachment of the same military record, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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