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(영문) 대구지방법원김천지원 2020.08.06 2020고단505

도로교통법위반(음주운전)등

Text

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

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 August 17, 2017, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, as well as three times of the same military force.

【Criminal Facts】

On March 27, 2020, at around 01:10, the Defendant driven a FNAS car without obtaining a driver’s license under the influence of alcohol level of about 0.110% from the front road in the Gumi-si B to the front road in the same city E.D.

As a result, the Defendant violated the regulations prohibiting drinking at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on the occurrence of a traffic accident, on-site photograph of a traffic accident, internal investigation report (as regards the situation at the time of appearance and the statements of related persons), 112 report handling table, and a report on the actual status of a traffic accident;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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

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

1. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account