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(영문) 대구지방법원 포항지원 2021.01.27 2020고단1496
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【The Defendant, at the port branch of the Daegu District Court on May 15, 2009, was sentenced to a fine of one million won for a violation of road traffic laws (driving), a fine of two million won for the same crime in the same court on May 18, 201, a fine of two million won for a violation of road traffic laws (unlicensed driving) in the same court on October 4, 201, and a fine of four million won for the same court on January 24, 2019, respectively.

【Defendant of the crime” (Defendant of the crime) was a person who had the alcohol driving capacity as above and driven a Drocketing car under the influence of alcohol of about 0.077% during blood while under the influence of alcohol without obtaining a driver’s license from around the north-gu B in the north-gu, Pohang-si to the front road of the same Gu from around October 28, 2020 to around 1km.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice in a state without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a suspected victim of violating the Traffic Act on the road (driving and driving without a license), reporting on the circumstances of the driver in charge of driving, notification on the results of regulating the driving of drinking, and the register of driver's licenses;

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

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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. To observe the protection and observation, provide community service and attend lectures, the amount of alcohol concentration during the sentencing of Article 62-2 of the Criminal Act, the second unlicensed driving, the motive and background of the crime, reflectivity, and other punishment records, etc. at the same time as the fourth drinking was carried out;

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