(영문) 대전지방법원천안지원 2020.12.23 2020고단2342

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원천안지원 2020.12.23 2020고단2342

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 4, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on November 4, 2009; on October 15, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Seocheon Branch Branch of the Daejeon District Court on October 15, 201; on July 7, 2020, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act (driving).

On August 5, 2020, at around 00:53, the Defendant driven a BV motor vehicle with a blood alcohol content of about 0.097% in a section of about 5 km from the Do adjacent to the Do in the Yannam-gu, Chungcheongnam-gu, Incheon-si to the front road located in the Yannam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and without obtaining a driver’s license.

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 records of judgment: Criminal records, inquiry reports, investigation reports (related to the same kind of criminal records as a suspect), related summary orders, and application of related statutes of the judgment;

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. The sentence shall be determined as ordered in consideration of the following: (a) the Defendant, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, was punished twice by a fine due to a violation of the Road Traffic Act; and (b) the Defendant, on July 7, 2020, was sentenced to a suspended sentence of imprisonment on July 7, 2020; (c) the instant drinking or unlicensed driving was conducted before the lapse of the month; (d) the blood alcohol content of the instant case was considerably high; and (e) the Defendant recognized the Defendant as committing

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