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(영문) 대구지방법원 2020.12.10 2020고단5030
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

On August 22, 2014, at the Daegu District Court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act, and on May 25, 2018, the same court issued a summary order of KRW 6 million as a fine for the same crime.

Although the Defendant violated the provision on the prohibition of drunk driving under the Road Traffic Act, at around 23:50 on September 13, 2020, the Defendant driven a fdisane 4 car from approximately 70 meters away from the front of the road located in Daegu Dong-gu, Daegu Dong-gu, to E in front of the road located in Daegu Dong-gu, Daegu Dong-gu, while under the influence of alcohol 0.220%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to a summary order of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Although the error of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is not somewhat weak, the defendant's age, character and behavior, environment, means and result of the crime, etc., and the various sentencing conditions as shown in the trial process of this case, such as the defendant's age, character and conduct, the method and consequence of the crime, etc., shall be

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