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(영문) 대구지방법원의성지원 2020.11.26 2020고단296

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 31, 2010, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Sung Branch Branch on May 31, 2010; on July 26, 2010, the same court issued a summary order of three million won for a violation of the Road Traffic Act (driving). On October 11, 2010, the same court issued a summary order of three million won for a violation of the Road Traffic Act (driving). On December 5, 2013, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act (driving). On March 31, 2016, the Defendant sentenced the same court to a suspended sentence of one year for a violation of the Road Traffic Act (driving) and sentenced the imprisonment for a violation of the Road Traffic Act to a suspended sentence of two years for a violation of the Road Traffic Act (driving) on March 31, 2016.

Although the Defendant had a record of violating the prohibition of drunk driving as above, at around 19:20 on September 25, 2020, the Defendant driven a F rocketing car under the influence of alcohol with approximately 0.121% of alcohol concentration, without obtaining a driver’s license, from the deaf-do Lin-gun Lin-gun to the front road of M.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of cases of violation of the Road Traffic Act (non-license or drunk driving), report on the control of drunk driving, report on the circumstantial statement of a drunk driver, investigation report (report on the circumstances of a drunk driver), inquiry into the control of drunk driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, investigation reports (verification of repeated crimes of a suspect and attachment of the same criminal records and judgments);

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

1. The Commercial Concurrent Crimes Act.