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(영문) 대전지방법원 논산지원 2019.01.22 2018고단474

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 power] On March 3, 2010, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Daejeon District Court's subdivision support on March 3, 2010, and on September 8, 2017, the same court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 3, 2018, the Defendant driven B automobiles at a distance of about 3km from the front of a bus terminal located in the Gu-Eup, which was granted in the state of alcohol 0.169% by blood alcohol concentration without obtaining a driver's license on July 3, 2018, to the front of the bus terminal in the Gu-Eup, which was granted in the state of alcohol concentration of 0.169% by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records);

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

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

1. Voluntary imprisonment with prison labor (the same type of crime has been punished but recidivism has been committed);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that a vehicle is not scrapped or unaccidentd, or that a vehicle is not scrapped after the crime);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;