beta
(영문) 대구지방법원 2020.04.08 2019고단5710

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

On April 18, 2018, the defendant was notified of a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

On October 19, 2019, around 05:10 on October 19, 2019, the Defendant driven an ENAS G70 car without obtaining a driver’s license under the influence of alcohol level of about 0.056% in the 1km section from the Do in front of the cafeteria “C” restaurant located in Daegu Suwon-gu B to the front of D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect's same kind of power);

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 has been a history of punishment due to a driving without a license for the reason of sentencing under Article 62-2 of the Probation Criminal Act, in full view of the fact that the control standard and statutory punishment have been greatly strengthened after the enforcement of the current Road Traffic Act, and that it seems that the driving without a license will inevitably lead to the extreme suppression of regulating the harmful effects of drinking and without a license after the enforcement of the Road Traffic Act, and that the crackdown on the new wall time is likely to run a high level, the person shall choose to punish him/her: Provided, That the execution of the sentence shall be postponed after reducing the amount of punishment by taking into account the fact that the blood alcohol concentration level falls short of the criteria for cancellation of license, the fact that there is no history of punishment heavier than imprisonment without labor, the defendant's