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(영문) 대구지방법원 경주지원 2019.07.24 2019고단185
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 September 20, 201, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act in the Daegu District Court racing support on September 20, 201, and on October 6, 2015, the Defendant issued a summary order of 2 million won of a fine for the same crime as the same crime from the same support on October 6, 2015, and on April 28, 201, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended sentence for the same crime, and the judgment became final and conclusive on May 9, 2017.

[Criminal facts] On March 24, 2019, at around 06:08, the Defendant driven a f bargaining car under the influence of alcohol content of 0.109% without obtaining a driver’s license, from the front of the C cafeteria in the racing-si, to the front of the E-ray in the racing-si.

As a result, the defendant, who violated the Road Traffic Act prohibition regulations at least twice without obtaining a driver's license, was driving a motor vehicle under the influence of alcohol in violation of the above prohibition regulations.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, application of Acts and subordinate statutes to investigation reports (applicable to the same type of judgment, etc.);

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 penalty: Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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