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(영문) 대구지방법원 안동지원 2020.05.06 2019고단937
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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 15, 2013, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Port Support on July 15, 2013.

【Criminal Facts】

On October 26, 2019, at around 09:00, the Defendant driven E-Poter Cargo Vehicles with a blood alcohol concentration of about 0.047% without obtaining a driver's license from around 20km section from the front of the road located in C in C, in the C, the C, the Gyeong-gun, the Chungcheongnam-gun, the Gyeong-gun, the Gyeong-gun, and the front of D, the Gyeong-gun.

As a result, the Defendant violated the regulations prohibiting drinking at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reporting on the occurrence of a traffic accident, a survey report on the actual condition, a photo at the scene of accident, notification of the results of drinking driving control, investigation report (report on the situation of a drinking driver), the ledger of driver's licenses, making inquiries into the vehicle, reporting on internal affairs (the details of telephone conversations for passengers in the vehicle involved), and making inquiries into the results of drinking driving

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records against traffic-related Acts and subordinate statutes of a suspect);

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. 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, committed the instant crime even though he/she had a record of punishment for the crime of drunk driving around 2013, and the Defendant again committed the instant crime, and the Defendant’s occurrence of a traffic accident at

However, the defendant recognized the crime of this case, and the blood alcohol concentration at the time of this case was relatively low.

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