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(영문) 대구지방법원 2020.06.23 2020고단1750

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 October 25, 2011, the Defendant was issued a summary order of KRW 2.5 million at the Daegu District Court, with a fine of KRW 2.5 million, and a fine of KRW 2.5 million at the Ulsan District Court on August 8, 2017, respectively.

【Criminal Facts】

On February 14, 2020, at around 06:57, the Defendant driven a DNA car without obtaining a driver's license in a section of about 800 meters from the front of the Defendant's dwelling in Daegu Suwon-gu B to the same CV distance, while under the influence of alcohol with about 0.110% of alcohol concentration.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act more than twice, and simultaneously drive the above vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, report on the scene of the accident, photographs of the scene of the accident, report on the results of the drinking driving control, report on the statement of the situation of the drinking driver, investigation report, and report on the

1. Previous convictions in judgment: Criminal records, investigation reports (limited to those made on at least twice the A drinking-hours), investigation reports (Confirmation of the same criminal records A- Summary Order) and application of Acts and subordinate statutes;

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 Criminal Act - the time of committing a crime;

-Along with the two-time experience of drinking driving and one-time experience of driving without a license, re-offending.

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, etc., and various conditions of sentencing as shown in the argument of this case, shall be comprehensively taken into account.