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(영문) 대구지방법원경주지원 2020.11.11 2020고단358

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On December 26, 2019, the Defendant was given a summary order of KRW 5 million as a crime of violating the Road Traffic Act in Daegu District Court racing support.

【Criminal Facts】

On April 15, 2020, at around 07:51, the Defendant driven a B-4 car under the influence of alcohol with approximately 10km alcohol concentration 0.114%, without obtaining a driving license, from the section of approximately 10km in front of the road near Ulsan-gun, Ulsan-gun, Ulsan-gun, to the upper 51.8km-do.

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

Summary of Evidence

1. The defendant's legal statement, statement on the circumstances of the driver, investigation report, criminal report, vehicle driver's license register, vehicle inquiry, and mandatory insurance association;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (verification of suspect drinking records) and references to criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) and Articles 44 (1) (two times or more) of the other Road Traffic Act concerning facts constituting a crime;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. The punishment as ordered shall be determined by taking into consideration the numerical value of blood alcohol concentration, previous conviction, danger of act (unfiting the situation at the time of committing the crime) for the reason of sentencing under Article 62-2 of the Criminal Act;