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(영문) 대구지방법원 2020.12.02 2020고단5197

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2019, the Defendant received a summary order of KRW 7 million from the Daegu District Court due to the violation of the Road Traffic Act.

1. On August 31, 2020, the Defendant driving a DNA low-income vehicle without obtaining a driver’s license in a section of about 110km from the front of the Defendant’s residence in the Daegu Suwon-gu, Daegu-gu, Daegu-si, on August 31, 2020 to the front of the Defendant’s residence in the north-gu, Daegu-si, Mapo-si, Mapo-si, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-do

2. Around 02:30 on August 31, 2020, the Defendant driven the franchise vehicle described in paragraph (1) while under the influence of alcohol by about 0.141% in the section of about 10km from the 10km adjacent to the Posular distance adjacent to the port of port to the road in North-gu C in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of the crackdown on drinking driving (Evidence records 16 pages);

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (report on confirmation of the same kind of suspect records);

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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although there are two occasions the history of punishment for sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of the fact that the control standard and statutory punishment were severely strengthened after the enforcement of the current Road Traffic Act, and the fact that the blood alcohol concentration exceeds the revocation standard, the criminal liability is not easy, considering the fact that the blood alcohol concentration exceeds the revocation standard.