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(영문) 대전지방법원천안지원 2020.09.23 2020고단2045
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and four 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 July 13, 2009, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act, on October 24, 201, a summary order of KRW 1,500,000 for a violation of the Road Traffic Act for a crime of violation of the Road Traffic Act (driving) from the Incheon District Court's Branch of the Daejeon District Court, and on February 2, 2018, a summary order of KRW 5 million for a violation of the Road Traffic Act was issued from the Incheon District Court's Branch of the Daejeon District Court.

On June 15, 2020, the Defendant, without obtaining a driver’s license at around 04:35 on June 15, 2020, driven a motor vehicle from the E-burged section of approximately 1km to the statistical office distance from the C parking lot located in Seoan-gu, Seoan-gu, Seoan City to the statistical office distance located in Seoan-gu, Seoan City, Seoan-gu, 0.21% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of three copies of a written summary order, such as criminal history records, investigation reports, and summary order;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include that the defendant was punished several times for the violation of the Road Traffic Act, but the drinking of this case, unauthorized driving, the fact that the blood alcohol concentration of this case is very high, and the defendant is recognized to commit the crime, etc., the punishment as ordered shall be determined.

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