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(영문) 대구지방법원 포항지원 2020.01.08 2019고단1413
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

[criminal power] On July 15, 201, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On September 15, 2019, around 17:35, the Defendant driven the ECA 1105 motorcycle, while under the influence of alcohol without obtaining a motorcycle driver's license, from the south-gu, Nam-gu, B to the D convenience shop in the same Gu C, from around 200 meters to the D convenience shop in the same Gu.

Accordingly, the defendant was driving a motorcycle without obtaining a motorcycle driver's license at the same time when he violated the prohibition of drunk driving regulations more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of the same force of the suspect;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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. Order to attend lectures under Article 62-2 of the Criminal Act;

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