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(영문) 대구지방법원 2020.08.20 2020고단2878

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 10, 2012, the Defendant was issued a summary order of KRW 6 million by the Daegu District Court due to a violation of the Road Traffic Act.

On May 1, 2020, at around 16:30, the Defendant driven an E-wing truck without obtaining a driver's license with blood alcohol concentration of about 0.185% in a section of about 300 meters from the street in front of the Cmaart in Yongcheon-si B to the Gancheon-si Dan-si parking lot.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol not less than twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, a report on the statement of the situation of a drinking driver, an inquiry into the results of the control of drinking and driving, and the register of driver's licenses;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

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. Probation and lecture attendance order Article 62-2 of the Criminal Act does not relax the error of the defendant on the grounds of sentencing, and the occurrence of traffic accidents, disadvantageous circumstances such as the occurrence of traffic accidents, the main taking of such accidents, etc., and favorable circumstances such as the defendant's age, character and conduct, environment, details of the crimes, means and result of the crimes, various sentencing conditions specified in the trial process of this case, including the circumstances after the crime, health conditions, etc., shall be determined as the same as the disposition.