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(영문) 대구지방법원 경주지원 2019.10.17 2019고단381
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 21, 2013, the Defendant was issued a summary order of KRW 6 million for the crime of violating the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On July 14, 2019, at around 16:00, the Defendant driven a Grand City under the influence of alcohol content of approximately 0.232%, from approximately 200 meters away from the front line of the trade name in front of the Sin-si in the Sin-si in the same Dong to the bottom of the bridge souther in the same Dong.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (Attachment to the same type of judgment, etc.): Three copies of the judgment, etc.;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing below) is that the Defendant again committed the instant crime under the condition that he had the same criminal records, and the Defendant’s liability is not less than 0.232% of the blood alcohol content of the instant case.

However, the defendant recognized the crime of this case and reflects its depth.

There is no criminal record over the defendant's fine.

In the future, it is expected that such a mistake will not be avoided.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the various sentencing conditions shown in the trial, such as the age, character, conduct, family relationship, economic condition, etc. of the defendant.

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