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(영문) 대구지방법원 2020.08.20 2020고단2728
도로교통법위반(음주운전)등
Text

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

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 March 8, 2018, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court due to a violation of the Road Traffic Act (driving) and received a fine of KRW 5 million from the Incheon District Court on April 24, 2019.

Nevertheless, at around 05:30 on May 10, 2020, the Defendant driven a B-hand car with approximately 50km in the section of about 00km from the front of the Kimcheon-si, Kimcheon-si to the point of 153.4km from the Busan Fri-do, Pacific Island located in the Gyeongcheon-gu, Gyeongcheon-do, Busan-do, Busan-do, Busan-do, to the point of 153.4km (Hand line).

As a result, the Defendant violated the prohibition of drinking driving more than twice and operated a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. Inquiries about crimes and investigation records of foreigners, confirmation of the same past record, and application of three copies of summary order Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and lecture attendance order Article 62-2 of the Criminal Act does not fit the nature of the defendant for the reason of sentencing, and unfavorable circumstances such as the fact that the principal offender is against the defendant, and other favorable circumstances such as the defendant's age, character and conduct, environment, means and result of the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the various sentencing conditions specified in the trial process of this case, including the defendant's age, character and conduct,

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