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(영문) 대구지방법원 영덕지원 2020.04.29 2020고단38
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 September 30, 2004, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Yeongdeungpo Branch of the Daegu District Court on October 15, 2007, a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Gangnam Branch of the Chuncheon District Court on October 15, 2007, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Yeongdeungpo Branch of the Daegu District Court on December 21, 2016.

On February 13, 2020, when the Defendant was under the influence of alcohol of 0.039% in blood alcohol concentration on 20:45, the Defendant driven a car from approximately 3 km to the erobbbbs SLK350m in the ebscam section from the front day of the ebscambs in the Samnam-gu Doe Park-ro 120-11 at the ebscam in the ebscambscam.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest reports and investigation reports;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds 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, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the probation, community service order, and the order to attend lectures shall be faithfully observed.

The defendant was sentenced to a fine in 2004, 2007, and 2016 due to drinking.

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