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(영문) 대구지방법원 서부지원 2021.03.18 2020고단2485

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 18, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Daegu District Court, and a summary order of KRW 1.5 million for the same crime from the Daegu District Court Kimcheon on March 25, 2014.

On July 15, 2020, the Defendant driven a D motor vehicle with approximately onem alcohol level of 0.089% while under the influence of alcohol level of 0.089% on the front side of the Daegu Western-gu B.

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

Summary of Evidence

1. A previous conviction on the defendant's legal statement report on the situation of the driver who takes charge of driving, or the previous conviction on the result of crackdown on drinking driving: Application of an inquiry letter, such as criminal history, and the Acts and subordinate statutes governing investigation status

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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant committed the instant crime in spite of the fact that he/she had been punished twice due to drinking driving.

However, the sentencing conditions indicated in the arguments of this case, such as the defendant's confession of the crime of this case, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, and the age, sex, environment, family relationship, means and result of the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case.