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(영문) 대전지방법원 논산지원 2017.03.14 2015고단222
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person driving one ton cargo vehicle to the head of the Spoter, Spos, Spos, and the defendant is a driver.

On December 1, 2014, the Defendant driven the above vehicle at around 20:45, and led the Dental Care Center C, which is located in Chungcheongnam-gun, without obtaining a driver's license, to drive the vehicle at a low speed of 0.119% under the influence of 0.119% from the new tinbrising surface.

At the same time, the village sign stone has been installed, so a person engaged in the driving duty has a duty of care to check the safety of the course and drive safely by properly examining the direction of the course.

Nevertheless, the Defendant neglected this and damaged the sign stone of an area equivalent to KRW 2 million owned by the U.S., which was installed after the Defendant's driver's vehicle due to the negligence of the Defendant's negligence.

Summary of Evidence

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

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written estimate;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report (precluding alcohol concentration among the blood transfusions of a suspect A);

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (on the part of a driver's license), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (on the part of a driver's license) and Article 151 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of a sentence of imprisonment with prison labor for a crime of violating the Traffic Act on alternative roads for punishment, and a sentence of imprisonment without prison labor for a crime of violating the Road Traffic Act;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed the instant crime again despite the fact that the Defendant had been punished twice (one time of actual punishment and one time of suspended execution) for the same type of crime, and that the Defendant committed the instant crime again, and that the Defendant’s blood concentration level at the time of driving is the lowest.

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