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(영문) 대구지방법원 서부지원 2021.02.04 2020고단1407
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2012, the Defendant received a summary order of KRW 4 million from the Daegu District Court to a fine of KRW 1,500,000 due to a violation of the Road Traffic Act (drinking driving), and on January 28, 2013, a summary order of KRW 2,50,000 due to a violation of the Road Traffic Act (drinking driving), respectively, from the Seoggu District Court Branch Branch of the Daegu District Court on January 28, 2013.

[2] On April 14, 2020, the Defendant driven a DNA car under the influence of alcohol leveling 0.050% of alcohol leveling from approximately 1km to the front of a mutually French restaurant located in the Daegu Seo-gu, Daegu-gu, Daegu-gu to the front of the “C” in the same Gu from around 1km to the roads in the same Gu.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

"E" on September 25, 2020, the Defendant driven a DNA car without obtaining a driver's license from approximately 700 meters section from the roads of "E" in Daegu-gu around 14:58 to the roads of "G" located in the same Gu.

Summary of Evidence

“200 Highest 1407”

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Involving the enemy;

1. For previous convictions as indicated in his/her judgment: "A criminal history inquiry, investigation report (investigation of the records of drinking), investigation status (verification of the records of punishment of the same kind of crime), text of his/her judgment, etc.";

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. The provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and the selection of imprisonment for a criminal offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the fact that all of the crimes of this case are recognized by the defendant and the amount of alcohol concentration among the blood of the defendant is relatively high);

1. Protection observation, community service order, and ..

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