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(영문) 대구지방법원 경주지원 2019.05.02 2019고단44

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 23, 2006, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daegu District Court and the summary order of KRW 4 million for the same crime in the same court on July 18, 2016, respectively.

【Criminal Facts】

On December 14, 2018, around 18:03, the Defendant driven a F rocketing car from the front of the “C” road located in P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Investigation Report (Confirmation of the same kind of power) - Application of a copy of the judgment

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. A suspended sentence under Article 62 (1) of the Criminal Act shall be selected and punished by imprisonment at this time taking into account the defendant's records of punishment for driving without a license for drinking alcohol, distance from which the defendant had no record of punishment exceeding the fine, degree of blood alcohol, circumstances leading up to driving without a license for drinking alcohol, the distance from which the defendant had a license for driving without a license for drinking alcohol, occurrence of accidents, the age, character and conduct, environment, circumstances after the crime, etc., shall be determined as per the order; and