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(영문) 대구지방법원 영덕지원 2019.07.24 2019고단57

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 28, 2001, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Young-gu District Court’s Young-gu District Court’s Young-gu District Court’s territorial branch on June 26, 2006, a summary order of KRW 1 million as a fine for the same crime in the same court on March 25, 201, a summary order of KRW 2 million as a fine for the same crime in the same court on March 25, 201, and a summary order of KRW 2.5 million as a fine in the same court on May 31, 2018.

On May 3, 2019, at around 20:45, the Defendant driven C-II cargo vehicle under the influence of alcohol leveling 0.143% without obtaining a driver’s license from the front Do of the youth conference located in the front of the youth conference located in the front of the Chungcheongnam-gun, Chungcheongnam-do to the Bpention.

As a result, the defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of driving on a motor vehicle under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the control of driving on a motor vehicle, register of driver's licenses, and car

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on confirmation of the same kind of power) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is the order to provide community service and attend lectures.