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(영문) 대전지방법원논산지원 2020.09.04 2020고단176
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of 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

Punishment of the crime

On June 19, 2007, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2 million for a violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site, and on April 28, 2008, issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court's Hongsung branch on April 28, 2008. On May 12, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million for a violation of the Road Traffic Act from the Hong branch of the Daejeon District Court's Hong branch on May 12, 2014.

On March 21, 2020, the Defendant driven a DCo-sports cargo vehicle under the influence of alcohol with approximately 0.073% of alcohol concentration from around 3 km to the Cmatet parking lot located in the same city located in the front of the YYYY, the 235 YY, Seosan-si, Seosan-si, the 2020.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

around 16:50 on May 23, 2020, the Defendant driven DCoon truck without obtaining a driver’s license from the front side of the 236-12 km-si to the front side of the 2km-si, Seosan-si, Seosan-si.

Summary of Evidence

"200 Highest 176"

1. The defendant's legal statement and the report of traffic accident;

1. The results of inquiry into the circumstantial statements of a drinking driver, report on the control of drinking alcohol driving, and judgment "20, 287";

1. Application of the Acts and subordinate statutes to the motor vehicle driving license register of the defendant's legal statement and survey report;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act by which the punishment for concurrent crimes of imprisonment is aggravated;

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 in Article 62-2 of the Criminal Act is that the defendant has the same kind of fine (five times of sound driving and one time of unauthorized driving) on several occasions.

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