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(영문) 대전지방법원 천안지원 2019.10.23 2019고단2062

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, as well as KRW 4 million as a fine for a violation of the Road Traffic Act, from the Daejeon District Court’s astronomical Branch on May 9, 2018.

On August 16, 2019, the Defendant was under the influence of alcohol content of 0.174% on blood alcohol content at around 21:07, and the Defendant was driving a B rocketing car without a driver’s license, and proceeded with approximately 200 meters from the direction of the D Bank in the south-gu, Dong-gu, Dong-gu, Dong-gu, Yan-gu, Yannam-gu to the front direction of the Embel.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (Attachment to a summary order of the same kind of power), Daejeon District Court Decision 2018 High Court Decision 2018 High Court Decision 1466 decided March 14, 201, Supreme Court Decision 201 High Court Decision 201Da14159 decided March 14, 201; and

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Social Service is based on the following: (a) although the defendant had had a record of being punished by a fine on several occasions due to drinking, driving without license, driving without license, the drinking of this case; (b) the blood alcohol concentration of this case is considerably high; and (c) the defendant is recognized to commit a crime, etc., the sentence shall be