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(영문) 대구지방법원경주지원 2020.11.11 2020고단388
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

[criminal power] On July 30, 2017, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in Daegu District Court racing support, and KRW 4 million as a fine for the same crime, from May 15, 2017 to the same support.

【Criminal Facts】

On May 21, 2020, at around 21:45, the Defendant driven a F string-man car in the state of alcohol alcohol concentration of about 0.174% in the section of approximately 300 meters from the front of the C cafeteria to the front of the E cafeteria located in D.

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

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the investigation report, and the notice of the result of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and 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 on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. The reason for sentencing under Article 62-2 of the Criminal Act is to be criticized in that it does not seem that the attitude against the crime of drinking alcohol is repeated.

However, it shall be considered as a favorable sentencing factor that the distance from driving in drinking conditions is not long.

Other conditions of sentencing, such as the age, character and conduct, environment, etc. of defendants, shall be determined as per the disposition in consideration of all the circumstances.

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