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(영문) 대전지방법원 논산지원 2020.03.17 2019고단433
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power of Crimes】 On December 21, 2007, the Defendant issued a summary order of KRW 1 million in the Daejeon District Court Branch of Daejeon District Court due to a violation of the Road Traffic Act (driving), etc. on February 18, 2016, a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) by the same court on February 18, 2016, and a summary order of KRW 5 million in the same court on January 12, 2018, respectively.

【Criminal Facts” around 18:55 on May 18, 2019, the Defendant driven DCA 11105 Meba, which was not covered by mandatory insurance without obtaining a driver’s license for driving a motor vehicle at a section of approximately 1.5 km from the front of the Chungcheongnam-gun, Chungcheongnam-gun, to the front of the same military C, without obtaining a driver’s license for driving a motor vehicle at approximately 1.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries into the register of driver's licenses, and mandatory insurance;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. A written request for appraisal, a briefing report and a written appraisal of blood alcohol;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is the largest);

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, the Defendant’s blood alcohol concentration was high at the time of the instant crime, the Defendant’s previous conviction was punished three times for the same kind of crime, the Road Traffic Act prior to the revision applies to the Defendant’s driving while committing the crime, and the traffic accident.

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