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(영문) 대구지방법원 경주지원 2019.02.21 2018고단758
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 July 23, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on January 9, 2018, issued a summary order of KRW 2 million as a fine for the same crime.

【Criminal Facts】

On September 23, 2018, at around 22:20, the Defendant driven the D class III truck without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.146% from the 20km section to the front side of the G cafeteria located in the Geum-si, Sik-si, Sik-si.

Accordingly, the defendant, who violated the Road Traffic Act prohibition regulations on drinking driving more than twice, was driving the above cargo without obtaining a driver's license in the state of drinking in violation of the above prohibition regulations on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. License register;

1. An inquiry report, such as a criminal history;

1. Investigation report (verification of the same kind of power) - Application of each of the summary order Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though he had a history of punishment twice due to drinking driving, etc. in the past, the crime of this case is crypted again.

However, the confession of the crime of this case and reflects its depth.

There is no record of punishment exceeding the fine due to the same kind of crime.

The Defendant supports wife, high school students’ children, and children of middle school students’ offspring, and following the outbreak of a man-made disease to the wife, the old mother, beyond the stalking of the wife, she sees the wife’s sick growth and her grandchildren.

In the future, it is again.

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