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(영문) 대구지방법원의성지원 2020.10.29 2020고단293
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 became final and conclusive.

Reasons

Punishment of the crime

On May 9, 2008, the Defendant received a summary order of KRW 2 million from the Jeju District Court due to a violation of the Road Traffic Act (driving under the influence of alcohol), etc. on November 15, 2010, the Defendant received a summary order of KRW 3.5 million due to a violation of the Road Traffic Act (driving under the influence of alcohol), etc. on November 15, 2010. On December 28, 2015, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving under the influence of alcohol) from the stay support of the Daegu District Court.

Although the Defendant had the power of violating the provision prohibiting driving under the influence of alcohol, on September 28, 2020, at around 23:00, the Defendant driven a D-hurd-hurged vehicle with a blood alcohol concentration of about 0.160% in the section of about 9km from the front of the cafeteria located in the Gami-gun, Gami-gun, Gami-gun, Gami-gun, Gami-gun to the Gami-ri, D-huran-hurg-hurged vehicle

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the circumstantial statement of a drinking driver, copy of the investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order appended to a summary order of past records of driving sound);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. It shall particularly take into account the reflection of the reasons for sentencing under Article 62(1) of the Criminal Act, the distance and the degree of driving under the influence of alcohol, and the records of the same kind (three times of fine).

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