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(영문) 대구지방법원서부지원 2020.10.15 2020고단773
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 11, 2007, the Defendant issued a summary order of KRW 5 million for the same crime from the Daegu District Court’s Branch Branch on the grounds of a violation of the Road Traffic Act (refluence) at the Suwon District Court’s Branch on October 29, 2012, a fine of KRW 1.5 million for the violation of the Road Traffic Act (Refluence) at the Daegu District Court’s Branch on October 24, 2014, a fine of KRW 4 million for the same crime at the Daegu District Court’s Branch on October 24, 2014, and a fine of KRW 5 million for the same crime at the Seog District Court’s Branch on April 9, 2018. On December 12, 2018, the Defendant was sentenced to a summary order of KRW 6 months for the crime of injury, and the probation period at the same court was finalized on December 20, 2018.

【Criminal Facts】

On October 2, 2019, at around 06:25, the Defendant driven a D Sti-type car under the influence of alcohol concentration of 0.165% without obtaining a driving license from around 3km section from the Daegu Seo-gu B apartment road to the front road of the same Gu C, and without obtaining a driving license.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. The ledger of driver's licenses for motor vehicles, such as reports on the occurrence of traffic accidents, actual condition survey reports, reports on the state of driver's status, and reports on the control of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (previous and confirmation), investigation reports (verification during the period of suspension of execution of sentence), summary order, and application of a copy of judgment Acts and subordinate statutes;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Sentence of a sentence is inevitable on the grounds that the defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, has driven a drinking or non-license during the period of suspension of execution due to the crime of injury, has the record of punishment several times for the same crime, and has high drinking level;

However, the defendant confessions the crime of this case and repents his mistake, and the same crime is committed.

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