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(영문) 대구지방법원 상주지원 2019.10.22 2019고단256
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 10, 2007, the Defendant received a summary order of KRW 700,000,000 from the Daegu District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on June 10, 2019 for the same crime, respectively.

【Criminal Facts】

On July 13, 2019, at around 22:53, the Defendant driven an E-motor vehicle under the influence of alcohol content 0.100% under the influence of alcohol content 0.10% (from June 23, 2019 to September 10, 2019) on the front of the “C cafeteria” road located inYcheon-gun B, the driving of the E-motor vehicle under the influence of alcohol content 0.10%.

In this way, the defendant, even though the driver's license has been suspended, has driven a motor vehicle during the suspension period, and has driven a motor vehicle more than twice while drunk.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the 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 (i.e., anti-competences and the absence of criminal records for a stay of execution of imprisonment or heavier punishment);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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