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(영문) 대구지방법원경주지원 2020.10.15 2020고단389
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 November 22, 2007, the Defendant was issued a summary order of KRW 1 million from the Daegu District Court racing support to a fine of KRW 1 million, and a fine of KRW 2 million from the same support to the same crime.

【Criminal Facts】

On June 14, 2020, at around 21:10, the Defendant driven a B wing truck with a alcohol level of about 300 meters from the bottom of the Lee Jong-ri to the entrance of the new road in the same Ri, at approximately 0.112% of the blood alcohol content, at around 21:10 on June 14, 202.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1.Each undisposition and report on the results of confirmation - Application of Acts and subordinate statutes of the summary order output

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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 punishment as ordered shall be determined by comprehensively taking into account the circumstances leading to the instant crime for sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, crime records, vehicle scrapping, etc., and other various factors of sentencing as shown in the records and pleadings of the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime;

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