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(영문) 대전지방법원 천안지원 2018.06.04 2018고단499
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

[M] On October 20, 201, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on October 20, 201, and on July 17, 2015, the Daejeon District Court issued a summary order of KRW 1,40,000,00 as a fine for a violation of the Road Traffic Act (drinking driving) in the support of the Incheon District Court.

[Criminal facts] The Defendant is a holder of Bsch Rexrothn car.

On February 7, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 3:20 on February 7, 2018, driven a Bsch Rexton motor vehicle without being covered by mandatory insurance at approximately 1 km section at the front of the apartment complex, in the state of alcohol concentration of 0.07% in blood.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Reporting on the crackdown on a violation of traffic law on roads (drinking and driving without a license);

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. The driver's license ledger;

1. Mandatory insurance inquiries (powerd to violate Article 44 (1) of the Road Traffic Act not less than twice);

1. Written inquiry about criminal history, etc.;

1. Investigation report (report attached to the same type of power) and application of summary order attached thereto;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 (1), and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (inter-Korean between the crimes of violation of Road Traffic Act and the crimes of violation of Road Traffic Act (non-licensed driving);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act for the protection observation and attendance order, the background of the instant crime, and the Defendant’s punishment for driving without a license.

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