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(영문) 대전지방법원 천안지원 2019.06.10 2019고단854
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than nine 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

[criminal power] On October 24, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court’s branch office in the Daejeon District Court’s Incheon District Court on October 5, 2016, KRW 2 million, and KRW 5 million from the Daejeon District Court’s Incheon District Court’s branch office on June 1, 2017.

【Criminal Facts】

1. Around 00:26 April 6, 2019, the Defendant driven an Espke vehicle with approximately 500 meters of alcohol level 0.122% under the influence of alcohol level 0.122% from the front side of the “C” road located in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seoan-gu, Incheon to the D apartment.

2. Violation of the Road Traffic Act;

A. On April 5, 2019, around 07:30 on April 5, 2019, the Defendant driven an Esp motor vehicle without obtaining a driver’s license at approximately 10km section from the front of the west-gu Seoul Metropolitan City F to the front of the Ha’s “H” located in the Seo-gu, Seoan-gu, Seoan City.

B. On April 5, 2019, around 22:30, the Defendant driven an Esp motor vehicle without obtaining a driver’s license in approximately 6km section from the front of H as stated in the above paragraph (a) to the front of C in the Dong-gu Seoul Metropolitan City, Yan-gu.

C. On April 6, 2019, at around 00:26, the Defendant driven an Esp motor vehicle without obtaining a driver’s license from around 500 meters from the front of the road located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, Incheon to the roads adjacent to D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Scenic photographs;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for each choice of punishment;

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