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(영문) 대전지방법원 서산지원 2018.10.31 2018고단876
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, at the Seosan Branch of the Daejeon District Court on January 5, 2015, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and at the same court on June 2, 2017, the said court received a summary order of KRW 4 million for the same crime, respectively. On October 10, 2017, the said court was sentenced to a suspended sentence of one year for the suspension of the execution of eight months due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (dangerous Driving Injury) on the Aggravated Punishment, etc. of Specific Crimes (dangerous Driving Injury) and was sentenced to a suspended sentence of one year for the said judgment on at least two occasions and was punished for the same crime.

around 16:50 on May 20, 2018, the Defendant driven BCA 1105 Meba while under the influence of alcohol leveling 0.237% without a motor device bicycle driver’s license from approximately 200 meters away from May 20, 2018 to the front of the Seosan General Athletic Complex located in 689-8, Seosan-si, Seosan-si, 429 to Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger using a drinking gauge, the notification of the results of regulating the driving of drinking, the circumstantial report on the driver of drinking, and the ledger of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (suspect A, probation period, and confirmation of drinking records);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. The punishment shall be determined as ordered in consideration of various circumstances recorded in the records, such as the Defendant’s age, character and character intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., even though it is against the period of suspension of execution of the same crime, it cannot be readily determined that there is no risk of repeating a crime, and the alcohol concentration in the blood at the time of driving was considerable.

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