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(영문) 대전지방법원 2016.11.08 2016고단2770
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

1. Around 02:00 on July 24, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a B string vehicle from the front of the viewing station in Seosan-dong, Seo-gu, Daejeon, Seo-gu, Daejeon to the news or string road located in the 63-1, Yongsan-dong, Daejeon, Seo-gu, Daejeon to approximately 5km.

2. On September 1, 2015, the Defendant was sentenced to a fine of KRW 1.5 million by the Daejeon District Court for a violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on July 18, 2016 for a violation of the Road Traffic Act, respectively.

On July 24, 2016, the Defendant, while under the influence of alcohol content of 0.118% without a driver’s license on July 24, 2016, driven B string vehicle from the 1km section to the road in front of the same GSS point from the 63-1 news or the back of the Yongsan-dong, Daejeon-dong, the Defendant driven B string vehicle from the 1km section to the road in front of the same GSS point.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on internal investigation, notification to the department related to the report of 112 case, the site of drinking control, the photograph of alcohol measurement, the report on the status of drinking driving, the report on the status of drinking-free driving, the report on the appraisal request, the report on the appraisal request, the report on driving-off, and the register of

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (attached to the previous and summary order);

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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act.

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