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(영문) 대구지방법원 의성지원 2019.02.28 2019고단19
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

On December 22, 2008, the Defendant received a summary order of KRW 3 million for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act, etc. on March 15, 2010, a summary order of KRW 3 million for the same crime, etc. on March 15, 2010, and a fine of KRW 3 million for the same crime in the same court on May 29, 2014, respectively. On April 6, 2017, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court on May 29, 2014 and a fine of KRW 3 million for the same crime, respectively.

On January 2, 2019, at around 23:00, the Defendant driven a DNA car owned by the Defendant without obtaining a driver's license from around 2km to the front of the community hall located in C from the place of residence of the Defendant located in the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Defendant was under the influence of alcohol concentration of about 0.078%.

As a result, the defendant, while under the influence of alcohol, has been driving a motor vehicle under the influence of alcohol at the same time without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, investigation report, internal investigation report (Attachment to field photographs), disqualified meetings of the main office, and register of driver's licenses of motor vehicles;

1. Previous records of judgment: Criminal records, inquiry reports, summary order, application of statutes on judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive for committing the crime, means and result of the crime, following the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the sentencing factors indicated in the arguments of this case

The favorable circumstances: The defendant recognizes his mistake and repents.

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