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(영문) 대전지방법원 천안지원 2021.02.05 2020고단2900

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

On July 8, 2016, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court's Branch Branch on July 8, 2016. On November 30, 2020, the Defendant was issued a summary order of KRW 10,000,000 as a crime of violating the Road Traffic Act (drinking driving).

1. On September 21, 2020, the Defendant was driving a fata car in the state of alcohol alcohol concentration of about 0.142% from the 4km section of the blood alcohol level to around the south-gu apartment apartment E-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City around 02:40 on September 21, 2020, the Defendant was under the influence of alcohol level of around 0.142%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven Franchisa car without obtaining a driver’s license at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The register of teas and driver's licenses;

1. Application of replys to inquiries, such as criminal history, investigation status (the previous verification thereof), and outputs of the results of the conet search (the filing of court records) by statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the records of this case and all of the sentencing conditions shown in the pleadings, such as alcohol concentration, driving distance, the circumstances leading up to the defendant's driving and subsequent criminal records, and the criminal records of the defendant's punishment.