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(영문) 대전지방법원 서산지원 2019.01.24 2018고단1022
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On August 25, 2014, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million at the Changwon District Court on the grounds of a violation of the Road Traffic Act (driving). On January 21, 2015, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million at the Changwon District Court on the grounds of a violation of the Road Traffic Act (driving). On May 10, 2018, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court on the grounds of a violation of the Road Traffic Act at the Changwon District Court on May 18, 2018.

【Criminal Facts】

On September 19, 2018, the Defendant had driven a motor vehicle at least twice as above, but without obtaining a driving license at least 0.083%, the Defendant driven a motor vehicle at approximately 10 meters away from the front of the C cafeteria located in the C cafeteria in the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Notification of the control of drinking driving;

1. A report on the status of a drinking driver and an investigation report (a circumstantial report on a drinking driver);

1. Control note;

1. Registers of driver's licenses;

1. An accident site photograph;

1. Previous records of judgment: Criminal records, investigation reports (verification between criminal records of the same kind of crime as a suspect and probationary period), two summary orders, and one copy of judgment shall apply;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant is not suitable in that he/she drives without a driver's license while drunk due to his/her driving under the influence of alcohol during the suspension period.

However, it takes into account the favorable circumstances such as the fact that the defendant's mistake is recognized and reflected, the driving distance is not long, and the blood alcohol concentration is not high.

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