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(영문) 대구지방법원 영덕지원 2021.01.20 2020고단295
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2003, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on June 18, 2004, in the same court, the summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), on August 19, 2010, in the same court, on August 19, 201, the summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on December 10, 2010, in the same court issued a summary order of KRW 4 million for a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving).

On October 11, 2020, the Defendant driven the ECA 110B Oral Ba while under the influence of alcohol leveling not less than 0.03% of alcohol level from the 1km section to the roads in front of the dwelling of the Defendant in D from the roads in front of the C cafeteria located in Gyeongbuk-gun B.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The protocol concerning the suspect examination of the police concerning F of the defendant's legal statement;

1. Each report on occurrence, each investigation report, each report on the circumstances of the driver who takes charge of internal investigation, the report on the results of regulating drinking driving, the next inquiry, and each photograph of the report processing table 112; and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, sex, motive, means and consequence of the crime, and the circumstances after the crime. The execution of the sentence shall be suspended on the condition that protection observation, community service order, and lecture order are faithfully observed.

(b)bed;

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