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(영문) 대구지방법원 2020.12.03 2020고단4599

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 August 30, 2006, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act by the Daegu District Court.

On August 18, 2020, at around 22:50, the Defendant driven a Flux car under the influence of alcohol 0.257% in a section of about 50 meters from the front of the C cafeteria located in Daegu-gu, Daegu-gu, to the front of the E cafeteria located in D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the statement of the circumstances of a drinking driver, and the site photograph of the accident site that is known as a result of the drinking control;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and verifications);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant's error in the reasons for sentencing or attending the course of probation or attending the lecture, is not somewhat poor, and that the defendant is against his command, etc., favorable circumstances such as the defendant's sexuality, age, character and conduct, environment, means and result of the crime, circumstances after the crime, economic situation, etc., shall be determined as ordered by taking comprehensive account of the various factors of sentencing