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(영문) 대구지방법원 의성지원 2021.02.18 2021고단30
도로교통법위반(음주운전)등
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 became final and conclusive.

Reasons

Punishment of the crime

On March 15, 2010, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court's Sung Branch on March 15, 201, on May 31, 2018, issued a summary order of KRW 1,50,000 for the same crime in the same court, and was not detained as a crime of violating the Road Traffic Act (drinking driving) at the Seog branch of the Daegu District Court on December 11, 2020, and is currently pending trial.

Although the Defendant had the history of violating the provision prohibiting driving of drinking under the Road Traffic Act, the Defendant driven FObaba under the influence of alcohol at approximately 0.091% of alcohol while under the influence of alcohol without obtaining a driver’s license from the bus stops in front of the temporary bus stops in C Cooperatives located in the Gu-U.S. Si-S., Si-S. on January 15, 2021 to the front roads located in D, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, in the direction of about 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), notification on the results of regulating the driving of drinking, results of regulating the driving of drinking, and the register of

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the history of driving a suspect's drinking), investigation report (verification of the fact that a suspect is pending in trial);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In particular, the following should be taken into account: (a) the Defendant’s reflection of the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of driving; (c) the distance of driving without obtaining a license for drinking; (d) the history of driving under the influence of drinking (d) and the fact that the Defendant committed

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