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(영문) 대전지방법원 천안지원 2018.04.27 2018고단139
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On May 10, 2006, the Defendant received a summary order of KRW 1,50,000 as a violation of road traffic law (driving alcohol) from the Daejeon District Court's branch on May 10, 2006, a summary order of KRW 5,00,000 for the same crime from the same support on November 20, 205, and a summary order of KRW 3 million for the same crime from the same support on December 14, 2015 and received a summary order of KRW 3,00,000 for the same crime on at least two occasions.

On December 29, 2017, at around 22:30, the Defendant driven an Eststun-Pacific cargo vehicle with approximately 500 meters alcohol concentration 0.114% under the influence of alcohol in blood without obtaining a driver’s license from the front of a mutually influent restaurant in the territory of Asan-si to the front road of the 16-16-16, an Asan-do Integic hot Spring in the territory of Asan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on the actual condition, a report on the detection of a primary driver, and a statement on the circumstances of a primary driver;

1. The driver's license ledger;

1. An accident scene photograph;

1. Before judgment: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (Attachment to a summary order of the same type of crime), and a summary order under Part IV of the summary order;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures lies in a total of four times of a fine due to drinking driving, including the previous conviction in the judgment prior to the instant case, which committed the instant crime.

However, the defendant is against his or her will to recognize his or her mistake.

A defendant shall be subject to criminal punishment heavier than a fine.

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