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(영문) 대전지방법원 서산지원 2017.12.14 2017고단641
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant issued a summary order of KRW 5 million for a violation of road traffic law at the Seosan Branch of the Daejeon District Court on November 20, 2015, and KRW 5 million for the same crime, etc. on September 4, 2015 and issued a summary order of KRW 5 million for the same crime, etc. on at least two occasions in total.

1. On June 12, 2017, the Defendant driven a two ton truck without obtaining a driver’s license, while under the influence of alcohol leveling 0.178% of the blood in the 20-meter section of the road in the Seogsan-si New Kan apartment complex, Seosan-si, Seosan-si.

2. On June 19, 2017, the Defendant driven a motor vehicle listed in paragraph (1) above without obtaining a driver’s license in a section of about 5 km from the 19:35, Seocheon-si, Seocheon-si, Seocheon-si to the roads near the same Sincheon-dong Park.

3. On July 31, 2017, the Defendant driven a motor vehicle listed in paragraph (1) of the above Article without obtaining a driver’s license in the state of alcohol concentration of approximately 0.174% from a 500-meter radius to the front road of Ngent’s church.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at each driving school and the driver's license register;

1. Photographs and accident scene photograph at the time of crackdown;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (verification of driving records of drinking not less than twice) Acts and subordinate statutes;

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 each sentence of imprisonment;

1. The defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes are repeated driving without drinking alcohol without being aware of the same fact even though he/she had the same record.

In June, even though he/she was driving for drinking, he/she was driving for seven months or more.

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