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(영문) 대구지방법원 경주지원 2021.03.31 2020고단889
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 history] On June 12, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law in the Daegu District Court racing support. On July 6, 2011, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

[2] On November 28, 2020, the Defendant 1 driven a Bsch Rexton car under the influence of alcohol concentration of about 0.120% without obtaining a driver's license from the front day of the alcohol house in which it is impossible to know the trade name below the 00:20 on November 28, 2020, when he violated the prohibition of driving under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice, and simultaneously drives a vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on the circumstances of the driver who takes the scene of an accident, an investigation report (report on the circumstances of the driver who takes the driving), and the driver's license register notified of the results of

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times of a fine due to drinking and non-licensed driving after the license was revoked due to the crime of drinking driving in 2002, and one time of a suspended sentence of imprisonment.

After the licence has been revoked in 2002.

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