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(영문) 대구지방법원 2020.09.23 2020고단3644
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 power] On April 29, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act, and KRW 3 million by the same court on October 16, 2014, respectively.

【Criminal Facts】

On May 29, 2020, at around 23:20, the Defendant driven a D Blue car in the state of alcohol alcohol concentration of about 0.130% from around 6km to the Daegu Dong-gu C apartment parking lot from the roads adjacent to the B market in Gyeonggi-si, Gyeonggi-do.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, report on the circumstances of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same attached records), and application of summary order-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Although there have been two times the history of punishment for the same crime of drinking driving, the crime of this case has been committed again.

The blood alcohol concentration is also very high at the time of crime.

The favorable circumstances: Recognizing the crime, it is against the law.

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