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(영문) 대전지방법원 2020.02.17 2019고단3856
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 12, 2017, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 7 million at the Daejeon District Court on November 7, 2017, and the above summary order became final and conclusive on November 7, 2017. On April 25, 2019, the Daejeon District Court sentenced the suspension of execution for four months as a crime of violating the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on April 25, 2019, and was sentenced to one year of suspension of execution on May 3, 2019. The above judgment became final and conclusive on May 3,

【Criminal Facts】

On August 30, 2019, the Defendant, without obtaining a driver’s license on August 21, 2019, driven a motor vehicle with a bomen halog car from around 2km to the front road of Daejeon Seo-gu, Daejeon to the “Dcafeteria” road located in Daejeon Dong-gu, Daejeon, without obtaining a driver’s license on August 30, 201.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report, control of drinking and photographs of drinking drivers, and the register of driver's licenses (A);

1. Previous conviction in judgment: Application of criminal history records, investigation reports (A), and Acts and subordinate statutes (one time of drunk driving, and four previous years and confirmation of non-licensed driving after May 31, 2006);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished by a fine for drunk driving in 2004, by a fine for a drunk driving in 2005 and a unlicensed driving in 2005, by a fine for a unlicensed driving in 2007, by a suspended sentence of imprisonment for a non-licensed driving in 2009, by a suspended sentence of imprisonment for a non-licensed driving in 2009, by a fine in 2016, by a fine for a non-licensed driving in 2017, by a fine for a drunk driving in 2017 and by a suspended sentence of imprisonment

The Defendant above.

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