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(영문) 대전지방법원 천안지원 2021.03.08 2020고단3499

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On February 18, 2016, the Defendant was sentenced to four months by imprisonment with labor for a crime, such as violation of the Road Traffic Act, at the Gwangju District Court, and on May 7, 2010, issued a summary order of KRW 4 million by the same court as on May 7, 2010.

[2] Around November 8, 2020, the Defendant driven a Fpoter cargo without a driver's license, while under the influence of alcohol of about 0.069% of alcohol content from approximately 160 meters to the road in front of the E church located in D of the same city, from the day near a cafeteria, the trade name attached to the C Authorized Office, Asan City, Inc., located in Asan-si B.

Accordingly, the Defendant was driving in violation of the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition (Attachment of judgment, etc.);

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

2. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for each crime in each judgment; and

3. The driving of a sentence under the influence of alcohol is a crime in which not only the person himself but also another person's life can be taken, and is highly dangerous.

Defendant’s judgment.