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(영문) 대구지방법원경주지원 2020.09.17 2020고단444

도로교통법위반(음주운전)

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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in Daegu District Court racing support.

【Criminal Facts】

On June 30, 2020, at around 00:20 on June 30, 2020, the Defendant driven a DNA car while under the influence of alcohol concentration of about 0.105% in the section of approximately 2.5 km from 00:20 to 300,000 from 30,000-si, Y-si, Y-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (verification of the record of sound driving) - Summary order;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the circumstances leading up to the instant crime (s) (s) of the instant crime; (b) the blood alcohol concentration level; (c) criminal records; (d) the sale of vehicles; and (e) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (d) the punishment as set forth in the text shall be determined by comprehensively taking into account all the factors of sentencing shown in the instant