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(영문) 대전지방법원 홍성지원 2019.10.16 2019고단524
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 16, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and on November 23, 2017, the Defendant received a summary order of KRW 5 million as a fine for the same crime in the same court.

On July 5, 2019, at around 00:14, the Defendant driven a B-car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.179% in a section of about 300 meters from the 300m radius to the front road of the Yancheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-do, the head of the Dong-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Reporting case handling table; and

1. Notification of the result of crackdown on drinking driving;

1. Relevant photographs (B vehicles and pages where the suspect is divingd on the seat of the driver);

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and the application of statutes governing the judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances, such as the fact that he/she actively implements measures to prevent recidivism, the fact that an accident is not caused by an offense, the fact that there is no penalty exceeding the fine, the fact that there is no record of punishment exceeding the fine, the fact that he/she supports family and that social ties are evident);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances considered in the first sentence);

1. Social service order under Article 62-2 of the Criminal Act;

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