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(영문) 대전지방법원 서산지원 2018.07.18 2018고단498
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2009, the Defendant issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court on September 17, 2009, and on September 2, 2010, the Defendant issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court on September 2, 201.

Despite the fact that the Defendant had driven two or more times on April 1, 2018, as above, the Defendant had driven a motor vehicle with alcohol content of 0.179% under the influence of alcohol during blood, a summary located at 1343, Seosan-si, Seosan-si, 1,000 in the direction of the office of the gambro 1,000 in Seosan-si without obtaining a driver’s license, from the front of the office of the gambro 1,343 in Seosan-si.

From about 3 km to the front road, B Poter cargo vehicle was driven from about 3km to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement report on the situation of the driver driving, the register of measuring instruments using drinking alcohol, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind of crime as the suspect);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into account all factors of sentencing specified in the arguments of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, circumstance after the crime, etc., such as the observation of protection and community service, community service, and the fact that a criminal record of the same kind of punishment for the reason of sentencing under Article 62-2 of the Criminal Act is several times and reflects

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