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(영문) 대구지방법원 안동지원 2020.05.20 2019고단868
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 September 4, 2019, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act in the Daegu District Court’s Ansan Branch.

【Criminal Facts】

On October 29, 2019, the Defendant, without a driver’s license, driven a frien vehicle with a blood alcohol level of 0.124% under the influence of alcohol, from around C cafeteria located in Ansan-si B with a blood alcohol level of 0.124% to the front of the E-school located in D, without a driver’s license.

As a result, the Defendant violated the regulations prohibiting drinking at least twice, and at the same time, driven the freight without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of the criminal place, the arrest report of the case, the notification of the results of the crackdown on drinking driving, the report on the state of drinking drivers, the investigation report, the internal investigation report (on-site photographs, etc.), the ledger of driver's license, the vehicle inquiry, and the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (the application of Acts and subordinate statutes to the suspect's previous records of drunk driving);

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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment for one year to two years; and

2. Non-application of the sentencing criteria: Offenses not set; and

3. The crime of this case, which was sentenced to punishment, is a disadvantageous condition to the defendant that the defendant re-driving without a license despite the fact that the defendant had been punished for the crime of drunk driving, and that the crime is not good.

However, the defendant committed the crime of this case.

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