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(영문) 대구지방법원 2019.03.21 2019고단158

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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

On December 4, 2015, at the Daegu District Court, the Defendant violated the prohibition of drinking driving at least two times by receiving a summary order of KRW 7 million due to a crime of violation of the Road Traffic Act, and on December 29, 2017, the same court issued a summary order of KRW 3 million due to the same crime.

The defendant is a person who is engaged in driving a B AR car.

At around 02:30 on September 2, 2018, the Defendant driven the said car under the influence of alcohol content of about 0.096% in the section of approximately 2 km from the vicinity of the Daegu Southern-dong, Daegu-gu, without a driver’s license to the front and front of the same Dobong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The recognition and reflect of the commission of the crime, which has been punished three times for the violation of the Road Traffic Act (driving)