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(영문) 대구지방법원 2020.06.03 2020고단921
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

On March 5, 2014, the defendant was notified of a summary order of a fine of 2.5 million won in the Daegu District Court due to the crime of violation of the Road Traffic Act.

On January 17, 2020, the Defendant driven at around 17:50, a 10-meter-Fpoter-II truck without obtaining a driving license, while under the influence of alcohol 0.076% of alcohol level, from the front of the department store C to E in the front of the road D, the Defendant driven a 10-meter volume Fpoter-II truck.

Accordingly, the defendant has driven a motor vehicle while under influence without obtaining a driver's license, in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power to punish sound driving);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although there are three occasions the history of punishment for sentencing under Article 62-2 of the Probation Criminal Act due to drinking alcohol or driving without a license, in full view of the following: (a) the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, caused traffic accidents by drinking alcohol or driving without a license; and (b) the first half of the first half of the year, it seems that the crackdown seems to be the highest level of crackdown, and thus, the risk of recidivism is unlikely to occur; and (c) a serious warning to prevent recidivism should be selected at the level of imprisonment in order to prevent recidivism: Provided, That the blood alcohol concentration level falls short of the revocation criteria.

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