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(영문) 대전지방법원 2019.08.29 2019고단1940

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[Criminal Records] Defendant 2007

1. 8. The Daejeon District Court received a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 6 million for the same crime in the same court on January 30, 2019, respectively.

【Criminal Facts】

On May 23, 2019, at around 22:00, the Defendant driven a B-low-water vehicle under the influence of alcohol concentration of 0.166% without obtaining a driver’s license in approximately 300 meters from the front of a singing room in which it is impossible to find out the address of the Seosung-gu Daejeon, Daejeon, to the road in front of the Daejeon Seo-gu 1455 business office.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the statement of the situation of a drinking driver, report on the results of a drinking-free driving station, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crime that may cause serious damage to the life, body, and property of another person.

At the time of crime, blood alcohol concentration is high.

In spite of being sentenced to a fine three times due to drinking driving, drinking without a driver's license, and committing the instant crime.

However, there is a relatively long distance from the defendant's driving.

The defendant recognizes his wrong and reflects his wrong.

There shall be no criminal history exceeding a fine against a defendant.

The above circumstances and the defendant's age, character and conduct, family relationship, motive, means and result of the crime, and the circumstances after the crime are revealed in all the arguments.