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(영문) 대전지방법원서산지원 2020.11.25 2020고단851
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 July 6, 2020, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On April 26, 2020, at around 19:20, the Defendant driven CPoter Ⅱ while under the influence of alcohol concentration of about 0.148% without obtaining a driver’s license from the front of Seosan City, B, to the seaside boundary fence adjacent to the road.

As a result, the Defendant driven a cargo vehicle without a driver's license, and at the same time violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Registers of driver's licenses;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

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. The sentence as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the criminal records of the defendant with the reason for the suspended sentence under Article 62(1) of the Criminal Act, the degree of being committed, the background and distance of the driving, the age, character and conduct

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