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(영문) 대구지방법원 의성지원 2020.01.23 2020고단1

도로교통법위반(음주운전)

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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

On December 31, 2015, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Sung Branch branch on December 31, 2015, and on November 23, 2017, the Defendant received a summary order of KRW 1 million as a fine for the same crime in the same court.

Although the Defendant had been punished for drunk driving as above, on December 10, 2019, at around 21:45, the Defendant driven a e-car under the influence of alcohol with approximately 300 meters alcohol concentration of 0.152% from the front side of the “Cju shop” located in the Cheongsong-gun B, Chungcheongnam-gun, Chungcheongnam-gun, North Korea, to the front side of the same D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. In particular, the reflection of the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act, the degree of the principal offense and operational distance, and the records of the same kind (two times a fine) shall be taken into account.