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(영문) 대구지방법원서부지원 2020.10.22 2020고단1469

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 May 24, 2010, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch, etc. on July 16, 2013, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch, etc. on July 16, 2013. On August 7, 2015, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch, the Defendant was sentenced to a suspended sentence of 2 months.

【Criminal Facts】

On March 28, 2020, at around 21:04, the Defendant driven Datoba while under the influence of alcohol content of 0.10% without obtaining a motorcycle driver's license on the front of the C pharmacy located in Seo-gu, Seogu, Daegu.

As a result, the defendant was driving at least twice, while driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report of a drinking driver, notification of the results of the drinking driving control, field photographs, driver's license register, disqualified inquiry report of the main office, and the making inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 Road Traffic 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant acknowledges all the crimes of this case, and the

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;