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(영문) 대구지방법원 2020.10.14 2020고단2161
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2019, at around 03:20, the Defendant driven an E-to-purd vehicle under the influence of alcohol concentration of 0.121% without obtaining a driving license from around 15 meters in front of the Daegu Jung-gu B department store in front of the same Gu D in approximately the same Gu C, without obtaining a driving license.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as the defendant's legal statement, report on the state of his driving, investigation report (report on the state of his driving), notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and driving license ledger;

1. The Defendant under Article 148-2(3)2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) provides that the pertinent provision on criminal facts shall be deemed to have been prosecuted under Article 148-2(3)2 and Article 44(1) of the former Road Traffic Act, in full view of the following facts: (a) although driving under the influence of alcohol falls under drinking not less than twice; (b) the entry of the facts charged (not including the facts charged) and applicable provisions of the Act; and (c) the prosecution shall be deemed to have been indicted under Article 148-2(3)2 and Article 44(1) of the former Road Traffic Act; and (d) the applicable provisions of the instant case shall be deemed to have been applied to drinking at least twice.

Article 4(1)(A) of the Road Traffic Act, Article 152 subparag. 1, and Article 43(a) of the Road Traffic Act

1. Selection of a sentence of imprisonment with prison labor selected under Articles 40 and 50 (Punishment prescribed for a crime of violating the Road Traffic Act due to a heavy drinking operation) of the Commercial Concurrent Crimes Act;

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the laws are automobiles.

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