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(영문) 대구지방법원 2019.10.24 2019고단4060
도로교통법위반(음주운전)등
Text

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

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 October 11, 2010, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the family court of Daegu District Court.

On July 23, 2019, the Defendant, without obtaining a driver’s license at around 20:25, driven a Fpoter II truck in the section of approximately 300 meters from the front of the “C” restaurant located in the Gyeongbuk-gun B, 0.10% of the blood alcohol concentration, to the front of the “Ean Office” located in the Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, the Defendant driven the Fpoter II truck in the section of approximately 00 meters.

Accordingly, the Defendant driven a car in the state of drunk not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order of the same kind of crime);

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 grounds for sentencing under Article 62-2(1) of the Criminal Act, including the fact that the defendant recognizes the crime and reflects the fact that the defendant does not drinking and drive without a license, etc., and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following factors:

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