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(영문) 대전지방법원천안지원 2020.11.25 2020고단2195

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2019, the Defendant appealed a fine of KRW 5 million for a violation of the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court on November 26, 201, and is still pending in the appellate trial.

On March 24, 2020, at around 03:05, the Defendant driven a ccafeteria located in Asan City B with a blood alcohol concentration of about 0.142% in the 4km section from the front side of the D apartment E-dong, Asan-si to the ground parking lot of the D apartment E-dong, Asan-si, and without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Each criminal records, inquiry reports, and the application of Acts and subordinate statutes concerning investigation status (verification of facts during a trial at an appellate trial of the same kind of case);

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

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant was sentenced to a fine of five million won for the crime of violating the Road Traffic Act, and was under trial of the appellate court, the drinking of this case, driving without obtaining a license, the fact that the blood alcohol concentration of this case is very high, and the defendant is recognized to commit the crime, shall be determined as ordered by the sentence.