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(영문) 대전지방법원 2020.02.12 2019고단4545

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 25, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act in the credit support of the Suwon District Court on July 25, 2008, and was sentenced to a fine of 1.5 million won for the same crime in the Daejeon District Court on March 3, 2009, and was sentenced to a fine of 7 million won for the same crime in the Daejeon District Court on September 20, 2018 and was sentenced to a fine of 7 million won or more for the same crime

Criminal facts

On October 15:10, 2019, the Defendant, without obtaining a driver’s license on October 15:10, 2019, driven a Fme A car in the state of alcohol with a blood alcohol concentration of about 0.08% from the front of the convenience store in Seo-gu Daejeon to the front of the E in the same Gu.

As a result, the Defendant violated the prohibition on driving motor vehicles, etc. under the influence of alcohol not less than twice, and was under the influence of alcohol without obtaining the driver’s license as above.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power) and statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) recognizes all of the instant crimes. The Defendant’s blood alcohol concentration at the time of driving is relatively low.

However, it is again true that the defendant has been punished three times due to drinking driving, and that he has not received a summary order without being issued.