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(영문) 대구지방법원상주지원 2020.10.14 2020고단202

도로교통법위반(음주운전)등

Text

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 October 5, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the resident support of the Daegu District Court. On June 2, 2020, the Defendant filed a claim for a summary order of KRW 10 million for the same crime with the Daegu District Court.

【Criminal Facts】

On June 5, 2020, at around 23:40 on June 5, 2020, the Defendant driven a D-wing three truck with a blood alcohol concentration of about 0.120% from the section of approximately 3 km from the front to the front road at the time of residing without a driver's license.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at the same time not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses for motor vehicles, notification of the control results of drinking driving, inquiry of the control results of drinking driving, and report on the circumstantial statements of drinking drivers;

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) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of violation of the provisions prohibiting driving under the influence of alcohol not less than twice), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of violation without a license

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has a record of being punished for drinking driving even before the instant case, and in particular, driving under drinking around April 202.

The license was detected and re-offending immediately after the license was revoked.

At the time of the instant case, there is no reason for the Defendant to have inevitably driven.

However, considering the fact that the defendant's previous punishment force is both fines on two occasions, the defendant's age and behavior environment, motive means of crime, and circumstances after crime, etc., all the conditions of the arguments of this case and the sentencing that are shown in the records.