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(영문) 대구지방법원 서부지원 2020.02.07 2019고단1192

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 12, 2012, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, etc. on June 18, 2012. On June 18, 2012, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seog Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of the Daegu District Court on June 1, 2017, and was sentenced to a suspended sentence of two years for a period of ten years.

On April 26, 2019, the Defendant, without obtaining a motorcycle driver’s license on April 26, 2019, driven a B motorcycle (so-called “Yeoban”) at a section of about 1km from the front side of the mutual influoral convenience store located under the golb of Daegu Seo-gu, Seogu, Seogu, to the front road of the new gluoral distance, while under the influence of alcohol level of 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Investigation report (Register of driver's licenses);

1. Previous records of judgment: Investigation reports (as to the sound-driven power), criminal records, inquiry reports, application of Acts and subordinate statutes (as to the judgment on the sound-driven driving power and summary order attached);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 154 (2) and Article 43 of the Road Traffic Act concerning 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant recognized his or her mistake and reflected his or her mistake, etc. are favorable to the defendant.

On the other hand, the defendant is allowed to have a previous driver's license and a previous driver's license. In particular, on June 1, 2017, the defendant committed a violation of the Road Traffic Act from the Seoggu District Court's Branch (2016Kadan1201).