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(영문) 대전지방법원 2019.09.27 2019고단2290
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than 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

Criminal facts

[2019 Highest 2290] The Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Daejeon District Court on September 1, 2014, and was sentenced to a fine of two million won for the same crime in the same court on January 20, 2017.

On May 15, 2019, at around 05:10, the Defendant driven D vehicles under the influence of alcohol content of about 2k from the section of about 0.097% of alcohol content from the location of the Daejeon Seo-dong (Seongdong) to the front of the C store located in Daejeon Seo-gu (Seongdong).

[2019 Highest 3034] On September 1, 2014, the Defendant received a fine of four million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 1, 2014, and a summary order of two million won for the same crime at the same court on January 20, 2017, respectively.

On July 8, 2019, at around 07:32, the Defendant driven a fenz car in the 50km section from the Do before Daejeon Seo-gu, Seodong-gu, Seodong-gu, Seodong-gu, Seodong-gu, Seodong-gu, Seodong-gu, Seodong-gu, Seodong-gu, Seodong-gu, Seonam-do without obtaining a driver's license with a blood alcohol content of 0.07.07%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Arrest reports and traffic reports of suspects in violation of the Road Traffic Act, details of crackdowns, reports on the circumstantial statements of a drinking driver, circumstantial reports of a drinking driver, reports on the state of a driving without a license, notification of the results of the driving without a license, report on investigation, and next inquiry; and

1. Registers of driver's licenses;

1. Photographs, etc. at the time of crackdown;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (such as the same criminal records and attachment of criminal records and summary orders), copies of summary orders, and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of penalty:

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