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(영문) 대전지방법원 홍성지원 2020.02.05 2019고단515
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 27, 2017, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act, from the same support on November 12, 2018.

On July 3, 2019, at around 13:00, the Defendant driven a motorcycle without obtaining a license for a motorcycle while under the influence of alcohol concentration of about 0.134% from a 300-meter section from the front of a knive knive restaurant to the knive knive knive knive knive knive knive knives located on the front of B before the road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The consideration shall be given to the favorable circumstances, such as the fact that the offender commits a crime, the direct damage to other persons due to the crime, the fact that there is no penalty force exceeding the fine, the fact that there is no penalty force exceeding the fine, and the fact that the health and economic situation

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed circumstances favorable to the previous one);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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