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(영문) 대구지방법원 경주지원 2020.02.20 2019고단637

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

[Criminal Power] On December 18, 2018, the Defendant was issued 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 November 3, 2019, at around 21:55, the Defendant driven a FH car without obtaining a driving license in the state of alcohol concentration of about 0.083% while under the influence of alcohol from approximately 500 meters to the front of the E in the racing city.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, and was driving the above vehicle without obtaining a driver's license in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Investigation report (Confirmation of the same kind of power) - Application of a summary order of Acts and subordinate statutes;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the background of the instant crime; (b) blood alcohol concentration; (c) the record of the instant crime; and (d) the accused’s age, environment; (d) character and conduct; (e) motive and means of the instant crime; and