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(영문) 대전지방법원 천안지원 2018.08.17 2017고단2589
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a period of eight months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 13, 2007, the Defendant was issued a summary order of KRW 2 million due to a violation of road traffic law (drinking driving) in the Daejeon District Court's Support on July 13, 2007, and on June 24, 2013, the Defendant was issued a summary order of KRW 5 million due to a violation of road traffic law (drinking driving) by the same court.

1. On October 31, 2017, at around 21:30, the Defendant driven the front 102 main apartment house located in Asan-si, Sinsan-si, without obtaining a motor device driver’s license from approximately 2 km section from the front 102 front parking zone to the front 89 upper road located in Asan-si, Sinsan-si, Sinsan-si, Sinsan-si.

2. Around 23:40 on October 31, 2017, the Defendant had a record of violating Article 44(1) of the Road Traffic Act more than twice, and the Defendant, at least 50 meters away from the road front of the 89 upper road located in the Sinsi hot Spring in the City of ASEAN to the road front of the citizen street in the same Dong, drive the same urb while under the influence of alcohol content 0.168% while under the influence of alcohol in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business and investigation report;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license) concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between the crimes of violating the Traffic Act on October 31, 2017 and the crimes of violating the Traffic Act on around October 23:40 and the Traffic Act on the road (only between the crimes of failing to obtain a driver's license for motor vehicles));

1. Determination of each sentence of imprisonment with prison labor for a crime that violates the Road Traffic Act, such as a fine, or a violation of the same Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55(1)3)

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