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(영문) 대전지방법원 논산지원 2019.02.01 2018고단531
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On January 18, 2011, the Defendant was sentenced to a fine of KRW 700,00 for a crime of violation of the Road Traffic Act in the Daejeon District Court (Seoul District Court), and on February 23, 2018, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Daejeon District Court (Seoul District Court).

On August 26, 2018, at around 16:07, the Defendant driven ENY125D 124CC under the influence of alcohol without obtaining a motorcycle driver's license from a section of about 100 meters from the front side of a restaurant on the mutual and aesthetic part of the B market in Seosan City to the front side of Drinwon in the same city C, and without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the results of the drinking driving control;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Voluntary imprisonment with prison labor (a person who repeats the crime in a short time even though he/she was involved);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be considered that there is no previous conviction exceeding a fine, and that there is an intention not to drive a substitute or repeat a crime);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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