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(영문) 대구지방법원 경주지원 2021.03.31 2020고단743
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

[criminal history] On October 5, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) in the Daegu District Court racing support.

[2] The Defendant 1 driven a motor vehicle (TUCSON) at the 10km section from around August 28, 2020 to around the 10km section from around August 28, 2020 to around March 3, 200, at around 15:32, the Defendant 1 driven a motor vehicle under the influence of alcohol at around 0.180% of alcohol while under the influence of alcohol.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on the situation of the driver at the scene of an accident, a report on the situation of the driver at the scene of the accident, and a report on the results

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act that the defendant's blood content is very high, the defendant caused a traffic accident that shocks the chemical team, and the defendant was an elementary school student's baby.

The defendant's statements have been made and there is concern about the defendant's safety in mind, etc.

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