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(영문) 대구지방법원 서부지원 2019.01.23 2018고단1596

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

On October 20, 2010, the Defendant issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Seo-gu District Court’s Seo-Support on October 20, 2010, and on September 11, 2008, the Daegu District Court issued a summary order of KRW 1.5 million as a fine for the same crime.

【Criminal Facts】

On June 1, 2018, at around 13:30, the Defendant driven Cystex motor vehicle under the influence of alcohol concentration of about 0.150% from the 1km section from the front of the Daegu-gun Building to the front of the Daegu-gu Central Government Office Building.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

around 17:30 on October 2, 2018, the Defendant, “2018 Highest 2993,” driven C-vans in the section of approximately 3 km from the front of the death electric street in the Daegu Seo-gu, Daegu-gu, without obtaining a driver’s license, to the front of the election commission of the Seocho-gu, which is located in the same Dong-dong.

Summary of Evidence

"2018 Highest 1596"

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, references to criminal records, investigation reports (verification of the same kind of power), 2018 high-class 2993;

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant already committed each of the crimes of this case even though he had the record of criminal punishment for the same kind of crime over several occasions, drinking water is high, and traffic accident occurs due to driving without a license, and the defendant also committed each of the crimes of this case.