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(영문) 대구지방법원 2020.07.21 2020고단3112

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On December 12, 198, the Defendant issued a summary order of KRW 5 million on September 14, 2018 at the Daegu District Court issued a fine of KRW 4 million for the same offense, respectively, at the same court on September 14, 2018.

【Criminal Facts】

On June 4, 2020, the Defendant driven B-low automobiles with blood alcohol concentration of 0.180% without obtaining a driver’s license in an influent section from an influent place to an influence in Daegu Influence, from an influent place on June 4, 2020.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the status of a drinking driver, investigation report, investigation report, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (report on confirmation of the same criminal records as a suspect), and application of Acts and subordinate statutes concerning summary order;

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

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. Probation and order to attend a lecture, the reason for sentencing under Article 62-2 of the Social Service Order Act, the reason for sentencing under Article 62-2 of the same Act, the drinking alcohol was driven under the influence of an unlicensed license, and the blood alcohol concentration is also 0.180%.

- time to commit the offence;

The above drinking power is both a fine.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.