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(영문) 대구지방법원 2020.01.29 2019고단5979
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

In the Daegu District Court, the Defendant received a summary order of KRW 3 million on May 25, 2007 due to a violation of the Road Traffic Act (driving) from the Daegu District Court, and the summary order of KRW 4 million on October 25, 2010.

Although the Defendant had been able to violate the provision prohibiting driving under the Road Traffic Act more than once, on October 26, 2019, at around 10:15, the Defendant driven a gallon-ro vehicle under the influence of 0.185% of alcohol concentration 0.185% without obtaining a driver’s license in the section of “C” in front of “C” in Youngcheon-si, Youngcheon-si, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (applicable to the same type of punishment);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although Article 62-2 of the Probation Criminal Act has been punished for driving without a license for the reason of sentencing two times, it is deemed that the current Road Traffic Act, which greatly strengthened the regulatory standard and statutory punishment, has been enforced to eradicate the harm caused by drinking without a license for driving without a license for driving without a license for driving without a license for driving without a license for the reason of sentencing under Article 62-2 of the Act on Probation, and the punishment for the crime is not easy in light of the following: (a) the traffic regulation standard and the current Road Traffic Act, which have been enforced, inevitably cut down the driving without a license for driving without a license for driving without a license for driving without a license for driving without a license for driving without a license; (b) the maximum traffic volume is likely to have been prevented; and (c) the blood alcohol concentration level exceeds the license criteria for the revocation of a license; and (d) the punishment for the crime is to be mitigated by taking into account the following factors.

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