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(영문) 대전지방법원 2020.10.30 2020고단3419

도로교통법위반(무면허운전)등

Text

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

Reasons

Punishment of the crime

On October 11, 2018, the defendant sentenced the Daejeon District Court to two years of suspension of the execution on the grounds of imprisonment for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) in the Daejeon District Court on October 19, 2018, and the above judgment was finalized on October 19, 2018.

On June 25, 2020, at around 00:50 on June 25, 2020, the Defendant driven a B rocketing car with a blood alcohol concentration of 0.160% without a driver’s license and operated a approximately 2 km section to the Seo-gu Seoul Building Underground Parking Lot of Daejeon-dong, Seo-gu, Daejeon.

Accordingly, the defendant has been driving a motor vehicle while driving it at the same time in a drunken state in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements prepared in D;

1. Report on the occurrence of the case, inquiry into the results of the control of drinking driving, notification on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, investigation report, and register of driver's licenses; and

1. Application of Acts and subordinate statutes attached to criminal records, inquiry reports, drinking, driving without a license, special escape, criminal records and judgment, etc.;

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize and reflect the defendant's mistake: Provided, That the defendant was sentenced to a suspended sentence of imprisonment for a period of eight months on October 11, 2018 due to a drunk driving, etc. on January 6, 2014, a fine of three million won due to a non-exclusive driving, etc. on January 6, 2014, a fine of five million won on March 23, 2015, a fine of five million won due to a drunk driving on March 23, 2015, a fine of five million won due to a drunk driving on October 26, 2017, and two years due to a drunk driving, etc. on October 11, 2018, and was subject to a suspended sentence of eight months during that suspended sentence.