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(영문) 대구지방법원 경주지원 2019.09.25 2019고단233
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 November 10, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the Seocho District Court’s Seocho Branch Branch on November 10, 201, the summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) on September 24, 2013, and the summary order of KRW 7 million for the same crime from the same support on December 12, 2017, respectively.

【Criminal Facts】

On March 24, 2019, at around 13:30, the Defendant driven a Dgalgro II passenger vehicle without obtaining a driving license with approximately 500m alcohol concentration of about 0.151% while under the influence of alcohol from around B to C on the front road.

As a result, the defendant violated the Road Traffic Act's prohibition regulations on drinking driving more than twice, and once again, the defendant was driving the van without obtaining a driver's license under the influence of alcohol in violation of the above prohibition regulations on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of penalty: Imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant reflects the crime; (b) the Defendant did not have any record of the crime exceeding the fine; and (c) the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime; and (d) the sentencing conditions indicated in the record were determined as ordered.

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