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(영문) 대전지방법원 서산지원 2021.01.14 2020고단1266
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On July 27, 2020, the Defendant received a summary order of KRW 6 million as a crime of violating road traffic law at the Seosan Branch of the Daejeon District Court.

[Criminal facts] On September 11, 2020, the Defendant driven a motor vehicle in the E-high speed while under the influence of alcohol content of 0.165%, without obtaining a driver's license, from around the front of the Defendant's residence in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front of the D church located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant driven a motor vehicle with approximately 1km alcohol content of about 0.165%.

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of drinking control and license register;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the degree of the reason for sentencing under Article 62-2 of the Criminal Act, the same electricity, the Defendant’s environment, etc.;

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