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(영문) 대구지방법원 김천지원 2021.01.13 2020고단1023
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 19, 2008, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act, due to the same crime on May 14, 2012, and a fine of KRW 5 million for a violation of the Road Traffic Act on July 31, 2018, respectively.

On April 22, 2020, around 23:14, the Defendant driven a Cdecent car in the state of alcohol alcohol content of about 0.059% from the front of the guard room in the apartment building B in the Gyeongcheon-si, Kimcheon-si to the front road of the parking lot following the above apartment to the front road.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

2. On April 22, 2020, the Defendant was driving the said vehicle without obtaining a driver’s license from the section of about 10 km from the section of G wedding to the road in the same city F in the same city via the E Association branch of the E Association located in the same city from the front of the apartment apartment in Gyeongcheon-si, Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigative into the ledger of driver's licenses and disqualified matters of main office;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the previous confirmation),- Application of summary order statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, are recognized to be erroneous by the defendant. The defendant's blood alcohol concentration, driving distance, circumstances leading to the defendant's driving at the time of the instant crime, and the defendant's person at the time of driving.

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