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(영문) 대구지방법원 포항지원 2020.02.05 2019고단1581

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 June 15, 2018, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

The defendant is a driver of BM5 car.

At around 02:40 on July 12, 2019, the Defendant driven the said vehicle under the influence of alcohol with the blood alcohol concentration of 0.059%, without a vehicle driver’s license, from a 1km section from the front of the shot-do death distance in the north-gu, Chungcheongnam-dong at the port to the front of the said shot-dong, Yongsan-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act without driver's license at least twice.

Summary of Evidence

1. Defendant's legal 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, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Order to attend lectures under Article 62-2 of the Criminal Act;