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(영문) 대구지방법원 2020.11.12 2020고단4963
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 May 3, 2010, the Defendant was issued a summary order of a fine of three million won for a crime, such as violation of the Road Traffic Act (driving) at the Seogu District Court Branch Branch of the Daegu District Court.

【Criminal Facts】

On September 15, 2020, while under the influence of alcohol of 0.189%, the Defendant driven CM520 automobiles from the 7km section from the front of the north-gu, Daegu-gu, Seoul-gu, to the discharge point of light for the Gyeong-gu, Seogu, Daegu-gu, the Defendant driven CM520 automobiles from the 7km section to the discharge point of light.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. The reason for sentencing Article 62-2 of the Criminal Act, even though it had already been punished for drinking driving, repeating drinking driving.

The drinking driving caused a single accident on an expressway.

However, the previous history of punishment for drinking driving is the crime before 10 years.

The crimes are recognized.

The fact that there is no electricity that has been punished by imprisonment without prison labor or heavier shall be considered as favorable circumstances.

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