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(영문) 대구지방법원 김천지원 2019.07.10 2019고단343

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

In Daegu District Court Kimcheon-cheon, the Defendant was sentenced to a suspended sentence of two years on February 4, 2010, and was sentenced to a suspended sentence of two years on August 9, 2017. On August 17, 2017, the Defendant was sentenced to a suspended sentence of two years on June, 201.

On April 10, 2019, at around 22:25, the Defendant driven a 50c c Obane without obtaining a driver’s license in the section of about 50 meters of alcohol level 0.09% of alcohol level from the front of a cafeteria located in Gumi-si B to the front of the D convenience store located in C, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. On-site photographs;

1. A report on internal investigation:

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Drinking-driving: Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

(b) Unlicensed driving: Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the same Act.

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was already sentenced three times to a fine due to drinking or driving without a license and three times a suspended sentence of imprisonment.

Among them, the period of suspension of the execution of imprisonment with prison labor due to drinking and non-licensed driving has repeated driving and non-licensed driving, but there is also a record of being punished by a fine every time.

In addition, the instant case was committed during the suspension period of the execution of imprisonment due to drinking, non-licensed, or non-insurance driving, and the blood alcohol concentration is also high.

This witness is driving with a view to driving the Oratoba while driving it.