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(영문) 대전지방법원천안지원 2020.08.26 2020고단902
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

On December 24, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch on December 24, 201.

On March 18, 2020, the Defendant, without a driver’s license on March 21, 2020, driven a car with D again in a section of about 100 meters from the alleys near the C restaurant located in Seoan-gu, Seoan-gu, Seoan-si without a driver’s license on March 21, 2020 to the parking lot of the above C restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (criminal records without license), and application of Acts and subordinate statutes governing summary orders;

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

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times for the violation of the Road Traffic Act and the violation of the Road Traffic Act, but the drinking of this case, driving without obtaining a license, driving without obtaining a license, the blood alcohol concentration of this case is high, and the defendant is recognized to commit the crime, etc., the punishment shall be determined as per the order.

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