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(영문) 대구지방법원 2019.05.16 2019고단1138

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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 August 31, 2016, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving), etc. at the Daegu District Court’s Seongbuk Branch on August 31, 2016, and KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on November 6, 2015, respectively.

On February 18, 2019, the Defendant violated Article 44(1) of the Road Traffic Act twice or more, and driven D Poter Cargo at the section of about 7 km from the front of a restaurant located in Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun to the parking lot, while under the influence of alcohol by 0.170% of the blood alcohol concentration, without obtaining a driver's license, at around 18:20 on February 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Details of disposition for cancellation of driver's license;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as ordered in consideration of various circumstances shown in the pleadings of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, although there has been a history of having been punished several times for the same kind of crime, and the fact that the crime of this case has been committed at the same time, the fact that blood alcohol concentration is very favorable: The confession and reflects, and the fact that it is highly favorable to the degree of blood alcohol concentration;