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(영문) 대구지방법원 의성지원 2019.11.28 2019고단181

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 28, 2011, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the resident support area at Daegu District Court on March 28, 201, and was sentenced to a fine of KRW 4 million for the same crime at the same court on May 1, 2013, and was sentenced to a suspension of the execution of six months for a violation of the Road Traffic Act on June 11, 2014; on January 22, 2015, the Defendant was sentenced to a suspension of the execution of six months for a violation of the Road Traffic Act on July 19, 201; on July 19, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act on July 19, 201, and completed the execution of the sentence as a violation of the same Act on November 8, 2018.

Although the Defendant had been punished for drunk driving twice or more as above, on May 10, 2019, the Defendant driven E-Poter truck with approximately 3 km from the front of the Defendant’s residence in the Seongbuk-gun, G, and the road near the “D cafeteria” located in the same military C, without a driver’s license, at approximately 0.182% of alcohol level without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, site photographs of an accident, report on the circumstantial statements of a drinking driver, ledger of driver's licenses, and inquiry into the results of the crackdown on

1. Previous records of judgment: Criminal history records, inquiry reports, confirmation of criminal records, application of statutes governing judgment;

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. Article 35 of the Criminal Act among repeated crimes;

1. Discretionary mitigation;