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(영문) 대구지방법원 2020.05.14 2020고단282
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

On July 12, 2006, the Defendant was issued a summary order of KRW 3,500,000 by the Daegu District Court on the grounds of a fine for the violation of the Road Traffic Act (driving) and a fine of KRW 3,500,000 by the same court on July 1, 201.

On December 28, 2019, the Defendant, from the Do of Yongcheon-si B to the front of the city of the same city, was driving a Done Star Co., Ltd without a car driver's license, in a state of alcohol alcohol concentration of approximately 0.106%, by violating the prohibition of drunk driving at least two times in the section of approximately 150 meters from the Do of Yongcheon-si B to the front of the city of the same city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Before ruling: Application of criminal records and copies of each summary order;

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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act: (a) 4 times the period of punishment for driving without a license, and (b) 3 times the period of punishment for driving without license, and (c) her again commits the instant crime, thereby choosing imprisonment.

However, the execution of punishment shall be suspended in consideration of the fact that the error is recognized and there is no past record of punishment of imprisonment without prison labor or more, but the punishment shall be determined as ordered by imposing a compliance officer's attending a lecture to prevent recidivism.

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