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(영문) 대전지방법원 논산지원 2019.08.13 2019고단227
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 18, 2006, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch on December 18, 2006; on April 27, 2010, the same court issued a summary order of KRW 3 million for the same crime; and on July 6, 2018, the same court was sentenced to a suspended sentence of KRW 4 months for a crime of violation of the Road Traffic Act (Non-licensed Driving) and the said judgment became final and conclusive on July 14, 2018.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, at around 23:00 on March 17, 2019, the Defendant driven a motor vehicle with low alcohol content of 0.126%, without a driver’s license, at a distance of approximately 500 meters from the Do in the front of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do to reach the D road located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of suspect);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. The circumstances that are disadvantageous to the reasons for the sentencing of selective sentence of imprisonment: A majority of the criminal records are committed, and the same criminal records are five times among them, and the circumstances that are favorable to the fact that the crime is committed during the period of suspended execution due to unauthorized driving: The defendant's age, character, character, environment, criminal records, criminal records, circumstances after the crime, and all the sentencing conditions specified in the arguments of this case, including the defendant's age, character, behavior, environment, criminal records, criminal records,

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