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(영문) 대전지방법원천안지원 2020.09.04 2020고단1635
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] On December 12, 2019, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act in the Daejeon District Court’s Incheon District Court’s Branch.

【Criminal Facts】

On June 19, 2020, at around 14:57, the Defendant driven an EM3 vehicle under the influence of alcohol leveling 0.067% of alcohol level without obtaining a driver’s license from the front of the C cafeteria located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon to the front of the D, Y.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on internal investigation, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the control of drinking driving, inquiry into the results of the crackdown on drinking driving, and the ledger of driver's licenses;

1. Application of replys to inquiries, such as criminal records, investigation reports (Attachment to the same criminal records);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the drinking of alcohol, and the unauthorized driving of an order to provide community service and attend lectures, need to be strictly punished for a crime that may cause harm to the life and body of others.

On December 12, 2019, the Defendant, after receiving a summary order on December 12, 2019, shows the attitude of warning the law, such as drinking, driving without a license, etc.

In the past, even though the defendant has been sentenced to three times of fine due to drinking driving and one time of suspended sentence of imprisonment, the crime of this case has been committed.

However, the defendant recognizes his mistake and is against his will.

The blood alcohol concentration level measured is not very high.

There was no accident.

There is no criminal punishment exceeding a fine after 2007.

(b) it;

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