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(영문) 대전지방법원 2020.07.23 2020고단1617
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2019, the Defendant was issued a summary order of a fine of KRW 6 million at the Daejeon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On February 1, 2020, at around 03:30, the Defendant driven a D rocketing car under the influence of alcohol level of 0.178% without obtaining a driver's license on approximately 2 km section from the front of the Cbank's west-gu Cbank's Haak-ro 149-ro 24, Seo-gu, Seo-gu, Daejeon to the intersection third party distance.

As a result, the Defendant violated the prohibition of driving without a license and violated the prohibition of driving without a license more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The written self-written statement of the victim;

1. Each protocol of seizure, each list of seizure, each certificate of renunciation of ownership, and seized articles (chips);

1. Request for appraisal, request for appraisal of blood alcohol concentration, response to request for appraisal (2020-C-658), and written appraisal of blood alcohol;

1. A survey report on the actual condition of a traffic accident, accident vehicle and field photograph, suspect blood collection image photographs, consent to blood collection, confirmation letter, notification of the results of crackdown on drinking driving, inquiry report on the results of crackdown on drinking driving, and making a comparison report;

1. Previous convictions in judgment: Application of the results of inquiry (A), investigation reports (related previous convictions and confirmations), and two copies of the relevant summary order under Acts and subordinate statutes;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act are crimes that may cause serious damage to the life, body and property of others.

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