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(영문) 대전지방법원 2020.04.02 2019고단5076
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On May 30, 201, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 30, 201, and on August 13, 2019, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act (refluence of measurement) at the Daejeon District Court on August 13, 201, and the said judgment became final and conclusive on August 21, 2019.

【Criminal Facts】

On November 15, 2019, at around 22:35, the Defendant driven a B-learning car without a driver's license, under the influence of alcohol 0.105% of alcohol level, from the road near the pharmacy in Seo-gu, Seo-gu, Seo-gu, Daejeon to the distance of ionion in Seo-gu, Seo-gu.

As a result, the Defendant violated the prohibition of driving, such as a motor vehicle under the influence of alcohol not less than twice, thereby driving while driving a motor vehicle without a driver’s license.

To the extent that it does not disadvantage the defendant's exercise of his/her right of defense, part of the indictment was revised.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Control note, request for an appraisal of blood alcohol concentration concentration concentration (2506-0034), response to a request for appraisal (2019-C-8104), an appraisal statement of blood alcohol content, a report on the detection of drinking drivers, each inquiry into the results of the control of drinking driving, notification on the results of the control of drinking driving, notification on the driving under influence of alcohol, report on the circumstantial statement of drinking drivers, consent to blood collection and confirmation, the register of driver's licenses, and the register of vehicle driving licenses;

1. Previous convictions in judgment: Application of the summary order, etc., No. 2011 Highest 5718 of the Daejeon District Court Act, and the results of inquiry under 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.

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