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(영문) 대구지방법원 경주지원 2021.01.21 2020고단797
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 November 23, 2006, the Defendant was issued a summary order of KRW 1.5 million on the grounds of a violation of road traffic law in Daegu District Court racing support, and a fine of KRW 2.5 million on May 30, 2007 by the same court.

[2] On September 24, 2020, the Defendant, despite the fact-finding record of violating the provision prohibiting driving of drinking alcohol as above, driven the EODYSE YY car under the influence of alcohol at approximately 0.064% of alcohol level from around 5km to the front road of the D church located in the same city C from around 22:40 on September 24, 2020.

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

Summary of Evidence

1. Notification of the defendant's result of regulating driving of oral statements;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (for example, the suspect's records of the same crime).

1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;

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

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution and the order to attend a lecture under Article 62-2 of the Social Service Order Act and Article 62-2 of the same Act are as follows: (a) the background of the crime in this case; (b) the degree of alcohol concentration in blood; and (c) the criminal records; and (d) the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the crime, etc.; and (c)

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