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(영문) 대구지방법원 2019.06.04 2019고단1856
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

[criminal power] On August 6, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court on January 24, 2014, and received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 24, 2014, and on November 13, 2014, at the Daegu District Court on November 13, 2014, three times the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than twice, the Defendant driven an Efranchising vehicle without obtaining a driver’s license with a blood alcohol level of about 20 meters from around 00:18 on April 5, 2019 to the D parking lot in the same Gu C from around 0:00 to the D parking lot in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of various circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances that are shown in the arguments of this case, such as the fact that there is a favorable record of punishment several times including the suspension of imprisonment for the same kind of crime: The confession and reflect of the fact that the blood alcohol content is not very high;

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