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(영문) 대구지방법원 2021.01.14 2020고단5646

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2013, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court on September 9, 2013, and issued a summary order of KRW 5 million for the same crime on June 13, 2014.

On October 12, 2020, the Defendant driven a vehicle of approximately 6 km C with alcohol level from 0.145% on the roads of Daegu Dong-gu to 285, Daegu Northern-gu, Nowon-gu, Nowon-gu, Seoul, while under the influence of alcohol leveling around 06:35 on October 12, 2020.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act - the reason for sentencing under Article 62-2 of the Social Service Order - Despite the history of drinking driving, the degree of alcohol content in blood is 0.145% high.

- time to commit the offence;

All of the above records are fines.