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(영문) 대구지방법원경주지원 2020.11.12 2020고단422
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 power] On March 12, 2007, the Defendant was issued a summary order of KRW 1 million from the Daegu District Court's Branch of Port on February 5, 2014 to a fine of KRW 3 million for the same crime.

【Criminal Facts】

On June 5, 2020, at around 21:15, the Defendant driven a Rail car in the state of alcohol alcohol concentration of about 0.074% from the 2km section from the front of the Ccafeteria parking lot located in the Sinsi-si, Sin, to the front road of the yellow Park located in the same city.

As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol and was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (verification of sound driving skills);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act under Article 62-2 of the Act on Suspension of Execution; (b) the blood alcohol concentration; and (c) the criminal records; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime; and (c) the various sentencing factors

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