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(영문) 대전지방법원서산지원 2020.08.20 2020고단602
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

[Criminal Power] On December 23, 2019, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

The Defendant is a person who is engaged in driving freight B and B.

On April 14, 2020, at around 22:10, the Defendant driven an above cargo vehicle while under the influence of alcohol with a blood alcohol concentration of 0.147% without obtaining a driver's license, from approximately 50 meters to the road front of the Eriju-gun, Chungcheongnam-gun, Chungcheongnam-do.

As a result, the defendant driving a motor vehicle without a driver's license and violated the prohibition of drinking at the same time more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and license register;

1. On-site photographs, actual condition survey reports, and CCTV images;

1. Application of the Act and subordinate statutes on criminal records, etc., investigation reports, and investigation reports (Attachment to the same type of power);

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. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;

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