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(영문) 대전지방법원 천안지원 2019.07.24 2019고단1213
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 April 5, 2019, at around 23:40, the Defendant driven a motor vehicle with D Kadi Edivovoon without obtaining a driver's license, in the state of alcohol alcohol concentration of approximately 0.117% at the 1km section from the Do in front of the trade convenience store in the commercial district in the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, Seocheon-gu to the roads in front of the 1km-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. Notification of the control of drinking driving;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant paid a traffic accident while driving a motor vehicle under the influence of alcohol without a driver's license, the fact that the blood alcohol concentration of this case is high, the defendant has been punished for the violation of the Road Traffic Act, and the fact that the defendant is led to confession and reflect by the defendant, etc., a punishment as set forth in the text shall be determined.

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