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(영문) 대구지방법원 경주지원 2021.02.16 2020고단757
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 16, 2007, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of road traffic law (drinking driving), etc. on the port support of the Daegu District Court. On November 15, 2007, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of road traffic law (dacting driving). On June 1, 2012, the Defendant was sentenced to a fine of KRW 7 million due to a violation of road traffic law (dacting driving) in the Daegu District Court and its Daegu District Court and its branch support. On May 11, 2016, the Defendant was sentenced to a suspended sentence of three years for one year and two months.

[2] The Defendant 1 driven D 130 automobiles under the influence of alcohol leveling 0.076% of alcohol level from the front side of the race Museum, which was located in Jindo-dong on October 10, 2020 to the front side of the C church located in the same city as above, even though there was a history of violating the provision prohibiting driving of drinking, and around 22:45 on October 10, 2020.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to a criminal defendant's legal statement, drinking driving control, notification of his/her criminal history, and notification of his/her inquiry into an inquiry;

1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;

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 reason for the sentencing of Article 62-2(1) of the Criminal Act on the ground of protection observation, community service order, and order to attend lecture, and the reason for the sentencing of the crime of this case (the type of fluor who is administered as an abstract cancer before booms the fluor, and the name of the fluor in Seoul, and the fluor was prohibited by the fluor or 19, and the fluor in Seoul, the fluor and half of the fluor who was accompanied by the yellow mind, thought that the fluor and half of the fluor were influor, and returned to the racing, and returned to the fluor.

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