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(영문) 대전지방법원천안지원 2020.09.18 2020고단1724
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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 March 31, 2020, the Defendant received a summary order of a fine of KRW 6 million for a violation of the Road Traffic Act from the Daejeon District Court's branch office on March 31, 2020.

Although the Defendant had been punished for violating the Road Traffic Act as above, on June 12, 2020, at around 23:23:23, the Defendant driven Bbe-cracked car with a blood alcohol concentration of 0.194% under the influence of alcohol without a driver’s license from the front day of the main office located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, Seocheon-si, Seoan-gu, and up to the long-term distance of death.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. On board the vehicle register, the ledger of driver's licenses, the details of disposition on the revocation of driver's licenses, and disqualified meetings of main office;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, case inquiry, and copies of summary orders;

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. In full view of the reasons for sentencing under Article 62-2 of the Probation Criminal Act, the sentencing conditions specified in the records and arguments of this case, including the blood alcohol concentration, driving distance, the circumstances after the crime, and the criminal records of the defendant's punishment, shall be determined as follows:

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