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(영문) 대구지방법원 경주지원 2020.07.23 2020고단266
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 27, 2009, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Daegu District Court racing support. On August 16, 2016, the same court issued a summary order of five million won for a crime of violation of the Road Traffic Act. On July 20, 2017, the same court sentenced six months to imprisonment for a crime of violation of the Road Traffic Act. On January 16, 2018, the Defendant completed the execution of the sentence in the Jin prison.

【Criminal Facts】

On March 12, 2020, at around 15:09, the Defendant driven an Eststren-car without obtaining a driver’s license in the state of alcohol concentration of approximately 0.20% under the influence of alcohol at approximately 100 meters from the front day of the racing-si, from the front day to the front day of the Damart-si. C.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement of the defendant in court;

1. An accident site photograph;

1. Notification of the result of the drinking driving control;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Investigation report (Attachment of suspect's judgments and records of the same kind of crime related to driving) - Court rulings and application of summary order statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the background of each of the crimes in this case, blood alcohol concentration, criminal records, etc., and other overall circumstances, such as the defendant's age and character, environment, motive, means and consequence of the crimes, etc., shall be determined as ordered in consideration of the circumstances after the crimes.

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