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(영문) 대구지방법원안동지원 2020.10.13 2020고단166
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 25, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch on April 25, 2013, the same court on July 25, 2013, in the same court on July 25, 2013, sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (refluence of measurement) and two years for a suspended sentence of one year for a violation of the Road Traffic Act (refluence of measurement) in the same court on February 18, 2020.

On February 5, 2020, the Defendant: (a) from the front side of C in permanent residence C around 19:50 to the front side of D in the same city, the Defendant driven the Eone Star Cornex under the influence of alcohol concentration of about 0.147% without a driver’s license, without a driver’s license.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act at least twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Reports on the circumstances of the accused's legal statement, investigation reports, and disqualified meetings in the main office of notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., an inquiry inquiry report, amounts of dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes to investigation reports (the same type of records and confirmation of confirmed judgments);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has already been subject to four times or more of imprisonment due to drunk driving (two times or more of suspended execution of imprisonment, and two times of fine), and this court has again committed the instant crime under the influence of alcohol without a license, and again committed the instant crime under the influence of a license.

The blood alcohol level of the instant case is also the numerical value.

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