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(영문) 대구지방법원 경주지원 2021.01.07 2020고단747
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

[Power of crime] On September 3, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violating the Road Traffic Act (driving).

[2] The Defendant 1 driven a body car under the influence of alcohol 0.051% of alcohol while under the influence of alcohol at approximately 800 meters from around 17, 2020 to around 17, 2020, from around 20:26, from around 300, from around 800, to the front road in D, even though he had a history of violating the provision prohibiting driving of alcohol under the influence of alcohol.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on the report of investigation (the criminal records of the suspect);

1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62-2 of the Criminal Act Article 62-2 of the Act on Suspension of Execution include the following: (a) background of the instant crime; (b) degree of alcohol content during blood; and (c) records of the instant crime; and (d) the Defendant’s age, sex, criminal conduct, environment, family relationship; and (e) circumstances after the instant crime; and (b) the punishment as ordered shall be determined by comprehensively considering all the factors of sentencing as indicated in

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