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(영문) 대구지방법원 김천지원 2020.01.07 2019고단1386

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2019, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch.

1. Around October 17, 2019, the Defendant, at around 23:09, driven a Cystren vehicle under the influence of alcohol with approximately 5km alcohol concentration of about 0.123% from the section of about 5km from the front of the Gumi-si B apartment to the front of the Man-dong square, which is located in the same yellow-dong.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of Crocketing car without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the drinking driving control, the ledger of driver's licenses for automobiles, and a disqualified statement of the main office;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (Attachment to a summary order of criminal records of the same kind of driving under the influence of alcohol) and statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Two to five years of imprisonment;

2. Application of the sentencing criteria: Not set;

3. In light of the fact that the Defendant, who was sentenced to punishment for drunk driving in 2019, committed the instant crime again in the same year even though the driver’s license was revoked, and it is difficult to deem that there was an imminent situation that the Defendant should have driven under the influence of alcohol, as above, while the license was revoked, the liability for the relevant crime is considerably heavy.

However, the fact that the defendant recognizes all crimes and seriously reflects on the defendant, the above fact that the defendant is the defendant. < Amended by Act No. 1401, Jan. 10, 2019>