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(영문) 대구지방법원 경주지원 2021.03.17 2020고단835

도로교통법위반(음주운전)

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2017, the Defendant was sentenced to suspension of indictment for a violation of Road Traffic Act at the Daegu District Public Prosecutor's Office's Branch Office.

On November 1, 2020, the Defendant driven a E body st-man car in the state of alcohol concentration of about 0.086% in blood on the 4km section from the front of the C cafeteria in the P cafeteria in the racing city on November 22:45, 2020 to the D before the same city.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report (report on the situation of the driver of drinking), and inquiry into the results of crackdown on the driving of drinking;

1. Application of a reply to inquiry, such as criminal history, each investigation report (Attachment of a written decision not to prosecute a person driving under drinking, and attachment documents of the same criminal record and the case);

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 records of the crime and the amount of alcohol concentration during blood.