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(영문) 대구지방법원 의성지원 2020.04.02 2020고단72

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 29, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, etc. from the Gunsan Branch of the Jeonju District Court on October 29, 2007, and a fine of KRW 4,00,000 as a crime of violation of the Road Traffic Act on November 5, 2014.

On February 27, 2020, at around 21:54, the Defendant driven a car at a level of about 20 meters from the front line of the “C cafeteria” located in the Cheongsong-gun B to the front line of the “E Police Station” located in D, and driven a car at a level of about 0:131% alcohol level, while under the influence of alcohol.

As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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, economic circumstances, the degree and distance of operation, and the same kind of power (two times of fine) shall be taken into account;