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(영문) 대구지방법원 의성지원 2019.07.04 2019고단117
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 15, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 1,50,000 as a fine in the same court on February 16, 2015, a summary order of KRW 1 million as a fine for the same crime, and a fine of KRW 5 million in the same court on April 29, 2016, respectively.

On April 19, 2019, at around 16:20, the Defendant driven the volume of DNA low-pollution vehicle under the influence of alcohol by 0.113% without obtaining a driver’s license from the front of the “C cafeteria” road located in the Cheongong-gun B, Chungcheongnam-gun, Chungcheongnam-gun, and around that time, from the front of the “C cafeteria” road located in the Cheongbuk-gun, Cheongbuk-gun, and up to the front of the Jin

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition, an accident site photograph, a report on the circumstantial statements of a drinking driver, a notice of the results of the drinking control, and the register of driver's licenses

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. It is particularly necessary to consider the defendant's reflectability of sentencing under Article 62 (1) of the Criminal Act, the same kind of power (4 times a fine), the degree of exploitation, the distance of operation, etc.

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