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(영문) 대전지방법원 천안지원 2017.11.02 2017고단182
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[M] On September 18, 2014, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (driving), etc. at the Daejeon District Court’s branch office, Daejeon District Court on September 18, 2014. On November 25, 2016, the above court issued a summary order of KRW 5 million due to a violation of road traffic law (driving).

[Criminal facts] On December 21, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle around 23:10 on December 21, 2016, driving B-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-k-k-kn-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

[Criminal facts]

1. A protocol concerning the examination of the accused;

1. A traffic accident report, a survey report on actual condition, a report on the results of crackdown on drinking driving, and a statement on the circumstances of the driver of drinking;

1. The driver's license ledger;

1. A photograph on the scene of an accident (the records of violation of Article 148-2 (1) 1 of the Road Traffic Act);

1. Written inquiry about criminal history, etc.;

1. Reporting prior records and results of confirmation, summary order, and application of Acts and subordinate statutes on indictment;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Consideration of the reason drinking volume of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the circumstances leading to the detection of drinking alcohol, and the history of criminal punishment, etc.

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