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(영문) 전주지방법원 2020.08.12 2018고단2642

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 25, 2018, at around 02:45, the Defendant driven a DNA alcohol vehicle with a blood alcohol level of 0.199% under the influence of alcohol while under the influence of alcohol, without obtaining a driver's license, from around 6km to about 0.199% under the influence of alcohol level from the roads near C in Seojin-gu, Seojin-gu, Seoul Special Metropolitan City to the superior of the Jeonjin-gun, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, actual condition survey report, and on-site photographs;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to investigation reports (registration of suspect driver's licenses, etc.);

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. The reason for sentencing selecting a sentence of alternative punishment is that the Defendant again commits the instant crime even though he/she had the record of punishment for drunk driving, and the Defendant again drives a motor vehicle without a driver’s license even though his/her driver’s license was revoked by driving a motor vehicle two months prior to the occurrence of the instant case, and the punishment shall be determined as ordered, taking into account all the circumstances of sentencing, including the occurrence of traffic accidents, the age, character and conduct, environment, motive and circumstance of the