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(영문) 대구지방법원 서부지원 2020.05.27 2019고단3226

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On September 12, 2006, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court. On July 29, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Daegu District Court’s Branch, and on May 28, 2010, the Defendant was sentenced to imprisonment for six months and suspended execution for a violation of the Road Traffic Act. On July 12, 201, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Busan District Court’s Branch, which was sentenced to imprisonment for a violation of the Road Traffic Act (driving) and for two years for a suspended sentence. < Amended by Act No. 13505, Nov. 20, 2015>

【Criminal Facts】

On November 1, 2019, at around 19:48, the Defendant was driving a Dbong-III truck with the blood alcohol concentration of about 0.123% while under the influence of alcohol in the section of about 10 meters in order to stop the parking lot at the Ccafeteria parking lot located in Seo-gu Daegu, Seo-gu.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act (driving) and reporting on the status of the drivers of alcoholic beverages;

1. Report on the results of the drinking driving control, report on the results of the drinking driving control, and report on the state of drinking drivers;

1. Criminal records as stated in the judgment: Application of criminal records, inquiry reports (A), investigation reports, and Acts and subordinate statutes;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include not only the past records as stated in the [criminal records] prior to the instant judgment, but also the past records that the Defendant was punished by a fine of two million won for drunk driving in 2002. They also have a record of having been punished by a fine of one million won in 2002 and a fine of one million won in 2009.

The defendant.