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(영문) 대구지방법원 영덕지원 2020.07.22 2020고단82
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

[200 order short-term82] On December 17, 2009, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act ( sound driving) from the Daegu District Court Young-gu District Court’s Yeongdeungpo-gu Branch on December 17, 2009

On April 4, 2020, at around 0.13:13, the Defendant driven the B-learning car from the front side of the Young Baebing Beach located in the north-dong 685-1, North Korean Port at the Gyeongbuk-dong 2, 2020, up to approximately 10km during the period of funeral, which is located in the 982-ri of the Dongdaemun-gu, Chungcheongnam-gu, Seoul Metropolitan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

[2020 did not obtain a driver's license on June 5, 2020, the Defendant driven the B-learning car in the section of about 3 km to the intersection through the 4497 km bus terminal, as in the East Sea, when the Defendant took the same Gun from the front of the Defendant's dwelling in the Young-gun C, Young-gu, Chungcheongnam-do without obtaining a driver's license on June 5, 2020.

Summary of Evidence

[200 Highest82]

1. Defendant's legal statement;

1. Reporting on detection and investigation (report on the circumstances of the driver);

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of power);

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on investigation;

1. Reports on the occurrence of traffic accidents, actual survey reports, the ledger of driver's licenses for motor vehicles, and car checking;

1. Application of each photograph, video CD-related statute;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and Articles 152 (1) and 43 of the Road Traffic Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment)

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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