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(영문) 대전지방법원천안지원 2020.11.30 2020고단1150
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

[criminal power] On August 4, 2014, the Defendant was issued a summary order of KRW 5 million in the Daejeon District Court’s Branch of the Daejeon District Court for a violation of the Road Traffic Act (driving) and KRW 4 million in the same court on September 17, 2018 as the same crime.

【Criminal Facts】

around 07:05 on April 15, 2020, the Defendant driven CK7 car at the section of about 1 K7m from the 1Km to the roads near Asan-si, Sinsan-si under the influence of alcohol content of 0.170%.

Although the Defendant violated Article 44(1) or (2) of the Road Traffic Act, he again, in violation of the same, driven CK7 automobiles without obtaining a driver’s license in the 1km section of approximately 0.200% of blood alcohol concentration from the E parking lot located in Seo-gu, Seo-gu, Seo-gu, Yan-gu, Yan-gu, 09:00 on July 11, 2020 to the same front road.

Summary of Evidence

1. For previous convictions as indicated in the judgment: Criminal history records, inquiry reports (verification of the same kind of power), investigation reports (Attachment to a summary order of the same kind of power);

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. An accident site photograph "2020 Ma2625";

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, the ledger of driver's licenses notified as a result of the control of drinking and driving, and details of inquiry into the ledger;

1. Application of statutes on site photographs;

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

2. Punishment for a violation of Article 40 or 50 of the Criminal Act among the crimes of violation of the Road Traffic Act (Act No. 2020 order 2625 at the time of displaying and the crimes of violation of the Road Traffic Act (Act No. 2625) and the crimes of violation of the Road Traffic Act (Act No. 1120), whichever is heavier;

3. Selection of each sentence of imprisonment;

4.Article 37 of the Criminal Code among concurrent crimes.

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