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(영문) 대구지방법원 2019.06.27 2019고단2272
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 14, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court; on January 13, 2014, the same court issued a summary order of KRW 4 million for the same crime; on October 2, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime; on December 21, 2018, the Defendant was issued a summary order of KRW 6 million for the same crime at the same court.

On April 19, 2019, at around 14:10, the Defendant driven a DNA cargo vehicle without obtaining a driver's license with a blood alcohol level of 0.122% from the 4km section from the roads in the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, to the roads in front of the same military.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing for the reason of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime.

- The recognition of the crime and reflect on the past six times of punishment for the violation of the Road Traffic Act (driving)

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