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(영문) 대전지방법원 서산지원 2018.08.17 2018고단693
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2, 2011, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seosan Branch of the Daejeon District Court, and on February 13, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking on drinking), and on October 10, 2013, the Defendant was sentenced to a summary order of KRW 6 months and a suspended sentence of two years for a crime of violating the Road Traffic Act (dacting on drinking), and on April 22, 2015, the Defendant was sentenced to imprisonment with prison labor for at least one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dacting on death or injury prior to death), and the Defendant was sentenced to imprisonment with prison labor for at least 10,000 on November 30, 2016, and was released from the court of law for drinking on February 16, 27, 2017.

Nevertheless, on May 8, 2018, the Defendant, while under the influence of alcohol 0.215% during blood transfusion, driven a CK7 car, which is owned by the Defendant, from around 29km to the road in front of the 5-lane in the west, on which it is difficult to find out that it was 0.215% or less of the driver’s license without obtaining a driver’s license during the influence of alcohol during the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of similar court rulings of the same kind as the suspect), and the current status of personal confinement;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes is punishable several times as the same record of sentencing.

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