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(영문) 대전지방법원 2020.01.16 2019고단4123

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and 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 Power] On August 24, 2018, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court.

【Criminal Facts】

On September 12, 2019, at around 02:06, the Defendant driven an E rocketing car with approximately 800 meters alcohol concentration 0.179% under the influence of alcohol without obtaining a driver's license from the Do near Daejeon Seo-gu, Daejeon to the roads in front of Daejeon Seo-gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of drinking drivers, and the driver's license register;

1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting 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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend the course of education under Article 62-2 of the Criminal Act, even though the defendant was punished by a fine of 4.5 million won, his/her drinking driving in this case was conducted, and the defendant's mistake is recognized, and the defendant's age, character and conduct, family relation, motive and circumstance of the crime, means and consequence of the crime, etc., and the various sentencing conditions specified in the arguments of this case and the records are considered.