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(영문) 대구지방법원 2020.04.01 2019고단5167
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 12, 2009, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu Branch on August 12, 2009. On November 25, 2014, the Defendant was notified of a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Western District Court Branch of the Daegu District Court on November 25, 2014. On August 31, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for a period of 2 years.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than once, at around 00:30 on September 26, 2019, the Defendant driven a DNA rocketing car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.125% in the 20km section from the front of the Defendant’s residence in Daegu-gun, Daegu-gun, to the front of the Gyeongbuk-gun, the Defendant was under influence of approximately 20km.

2. The defendant of "2019 Highest 5734" is a victim E (V, 65 years of age)'s fraud.

On September 26, 2019, at around 00:40, the Defendant collected F, the Defendant’s wife, at the victim’s house located in G, Maldong-do, Gldong-do, and divided the front entrance level. However, the Defendant damaged the front entrance entrance door from around 90,000 to around 90,000 the repair cost.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

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 and disqualified meetings of the main office;

1. Previous records of judgment: Criminal history records, references to prosecution investigation reports (same-class records)";

1. Statement of the police statement of E;

1. Stoves photographs;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 36 of the Criminal Act concerning the crime;

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

1. Imprisonment with prison labor for each choice of punishment;

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