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(영문) 대구지방법원상주지원 2020.09.23 2018고단351
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 8, 2009, the Defendant was issued a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court, and was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution on September 27, 2016 in the resident support area of the Daegu District Court.

On December 4, 2018, the Defendant, without a car driver’s license around 17:07, driven a car in a section of about 500 meters from the Defendant’s house located in Gyeongcheon-gun B, 0.207% of blood alcohol level to the roads front of the kindergarten parking lot located in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of violation of the provisions prohibiting driving under the influence of alcohol not less than twice), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of violation without a license

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

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions stated in the arguments of this case and the records, such as the record of punishment of the defendant for discretionary mitigation of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the record of punishment of the defendant's drinking alcohol, the blood alcohol concentration at the time of this case, the defendant's age and working environment, the motive and means of motive for the crime, and the circumstances after the crime, shall be comprehensively considered.

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