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(영문) 대구지방법원 2020.11.10 2020고단4823
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 April 20, 2015, the Defendant issued a summary order of KRW 1500,000,000 by the Daegu District Court as a crime of violation of the Road Traffic Act, and on May 22, 2015, the same court issued a fine of KRW 4 million as a crime of violation of the Road Traffic Act.

Criminal facts

On August 28, 2020, at around 01:45, the Defendant driven B-low-scale car under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.113% from the 1.5km section to the road near the waterside located in Jung-gu, Jung-gu, Daegu, Daegu, to the two roads in front of the opening of the G-gu, Daegu, the G-gu, Daegu, the G-dong.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached to a summary order of the same criminal records as a suspect);

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service - Even if the record of drunk driving was two times, recidivism was made, and the blood alcohol concentration is also higher than 0.113%.

- time to commit the offence;

All of the above records are fines.

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