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(영문) 대전지방법원홍성지원 2020.08.25 2020고단503
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2007, the Defendant was issued a summary order of a fine of two million won for the crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On June 5, 2020, at around 23:05, the Defendant driven CT100 Obama without obtaining a motorcycle driver's license in the 2km section from the Do in front of the Minecheon-gun Office of Minecheon-gun to the front of B from the Do to the front of B.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 2 and 43 of Article 154 of the Road Traffic Act;

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 punishment shall be determined by comprehensively taking into account the following factors: the reason for sentencing under Article 62-2 of the Criminal Act; the fact that the defendant was a drunk driver without a license while driving the motor vehicle; the fact that the blood alcohol level is high; the vehicle driven is the motor vehicle; the defendant's age, family, occupation, health status; criminal records (the majority of fines of the same kind and the criminal records of the suspension of the execution of imprisonment or higher punishment) and the environment;

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