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(영문) 대구지방법원 2021.03.04 2020고단6362

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 February 5, 2016, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act from the Daegu District Court on February 5, 2016, and a summary order of KRW 2 million for the same crime from the same court on July 15, 2016.

On November 19, 2020, the Defendant driven a car with approximately 10km D 10km from the nearby road to the Ggu Northbuk-gu, Daegu, 70, and the front road of C, while under the influence of alcohol content of 0.136% during blood transfusion around 00:5.

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. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 grounds for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, and the attendance order, are not to be mitigated, but to be disadvantageous to the defendant’s fault, such as the grave content of the main sentence, the favorable circumstances that the defendant is against his/her will, such as the defendant’s age, sex, environment, means and result of the crime, and other various sentencing conditions specified in the trial process of this case, such as the circumstances after the crime, shall be determined as the order.