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(영문) 대전지방법원논산지원 2020.12.08 2020고단513
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and on October 19, 2012, issued a summary order of KRW 3 million by the same court as the same crime, etc. on October 19, 2012, and issued a summary order of KRW 5 million by the same court as the same crime on June 11, 2018.

1. The Defendant committed the crime of July 20, 2020, while under the influence of alcohol at around 15:35 on July 20, 2020 without obtaining a driver’s license, driven B Cordo-Ban Cargo Vehicles at approximately 2 meters in front of the Sejong Dopon in the North Dopon-Eup of Gangseo-si, Busan Metropolitan City.

Accordingly, the defendant driving the above cargo without obtaining a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant, on August 13, 2020, driven the above cargo vehicle from the front side of the road located in Seosan-si C to the front side of the road, 4 km from around August 13, 2020 without obtaining a driver’s license, around 00:17, at around August 13, 2020.

Summary of Evidence

1. Notification of the defendant's legal statement and the results of the drinking driving control report;

1. A report on the actual state of survey;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a summary order after inquiring about criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

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

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the Defendant had a previous conviction in sentencing Article 62-2 of the Criminal Act, the Defendant committed each of the instant crimes during the course of drinking and driving without a license even though he/she had a previous conviction (three times of drinking and driving without a license).

At the time of drunk driving, blood alcohol level was also high.

The defendant misleads himself.

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