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(영문) 대구지방법원서부지원 2020.09.16 2020고단815
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 February 1, 2007, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

On February 8, 2020, at around 17:18, the Defendant driven a DNA car with blood alcohol concentration of about 0.184% without obtaining a driving license from the front of the community hall in Daegu-gun, to the front of the road in about 500 meters, from the front of the community hall in Daegu-gun, to the front of the road in C.

Therefore, despite the fact that a person was punished for drinking, he/she again drives a motor vehicle while driving it at the same time without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification of criminal records of the same kind of suspect);

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 facts constituting an offense;

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

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 reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had had a record of criminal punishment of fines on two occasions due to drunk driving in 2004 and 2007, and the Defendant had a driver’s license revoked due to drunk driving in 2007.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.184%, and the vehicle was driving while leaving the road, resulting in an accident that turns away from the road to the side after leaving the road.

In light of these points, it is necessary to strictly punish the defendant.

However, the defendant recognizes the facts of crime and repents.

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