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(영문) 대전지방법원 2020.03.27 2018고단4169
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around 00:32 on September 30, 2018, the Defendant driven a Fbenz car at a section of about 500 meters from the front of the "C convenience store" in the Daejeon Daejeon Seo-gu B to the neighboring road D, while under the influence of alcohol of 0.114%.

Around November 16, 2015, the Defendant: (a) borrowed from K to K in Seocho-gu Seoul, the amount of KRW 35 million for the said car at KRW 39,750,00 for the lease deposit of KRW 39,750,00 for the vehicle of KRW 141,393,170 for the vehicle of KRW 170 for the victim (victim) located in Seocho-gu, Seoul; and (b) embezzled the said car by taking over the said car from the victim around November 27, 2017; and (c) embezzled the said car as security.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to file a complaint, an application for vehicle lease, a detailed statement of collection of claims, termination of a lease agreement, notification of return of vehicles, notarial deeds, investigation report (K Communications for Witnesses);

1. Relevant Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 355(1) of the Criminal Act; the choice of imprisonment for a crime;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act were punished by a fine on several occasions due to drunk driving and unlicensed driving, and in 2014, the defendant has been sentenced to a suspended sentence of 2 years due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant has been sentenced to a suspended sentence of 2 years due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant has a history of serving several times due to fraud and embezzlement, the damage in the crime of embezzlement has not been recovered at all, the defendant is not present

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