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(영문) 대구지방법원 안동지원 2018.12.11 2018고단548

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

① On April 20, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of road traffic laws, ② on March 9, 2010, to a summary order of KRW 3 million to a fine for a violation of road traffic laws in the same court, and ③ on May 10, 201, to a fine of KRW 1,50,000 to a fine for a violation of road traffic laws was sentenced to a suspended sentence of two years.

1. On August 22, 2018, the Defendant was driving a vehicle C in the section of 21.8km without a driver’s license, from around 20:0 to the piracy funeral hall parking lot located in the same Gun, from around 20:0 to around 3 20:0.0.

2. On August 23, 2018, the Defendant driven a vehicle listed in paragraph (1) without a driver’s license, while under the influence of alcohol content of about 0.160% in the 9.7km section from the Maritime Hospital funeral parking lot located at the bottom of the Jinnam-gun of North Korean latitude on August 23, 2018 to the multi-chilling of the same military at the same military bed.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement of the situation of the driver driving, each investigation report, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 1 of the relevant Act on the facts constituting the crime: Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Selection of Imprisonment): Articles 148-2 subparag. 1, 44(1), 152 subparag. 1, and 43 of the Road Traffic Act (Selection of Imprisonment after the following regular concurrent treatment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (each of the crimes concerning drinking and driving without a license as decided in paragraph (2) and punishment as prescribed by the former);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The facts of the reasoning for sentencing under Article 62-2 of the Criminal Act are all stated in the protection observation, lecture attendance order and community service order.