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(영문) 대구지방법원 안동지원 2020.01.14 2019고단592

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 January 13, 2014, the Defendant received a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act in the sex support by the Daegu District Court on June 24, 2013.

Nevertheless, at around 00:48 on August 29, 2019, the Defendant driven a car in Ecoon from about 4 km to the front road located near the Dongdong-si B market, while under the influence of alcohol of 0.140% of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and a detailed statement handling the reported case; and

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Ministry of Probation, Order to attend a lecture, or Order to attend a lecture is that the defendant has a high need to have a sense of warning through a severe sentence of punishment by repeating the same force in spite of multiple times.

However, until now, the defendant has no record of punishment by imprisonment, recognition of his mistake and reflects his depth, and other factors such as the defendant's age, character and conduct, family environment, motive, means and result of the crime, the circumstances after the crime are considered.