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(영문) 대구지방법원 2020.08.13 2020고단2965
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 July 24, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act, and KRW 4 million by the same court on April 6, 201, respectively due to the same crime.

【Criminal Facts】

On May 12, 2020, around 19:03, the Defendant driven B NAS car under the influence of alcohol concentration of approximately 0.134% on the front side of the safe child park located at the 40-lane of Daegu Dong-gu, Daegu-gu, 2020, under the influence of alcohol concentration of approximately 5 meters.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of the drinking driver, investigation report, inquiry report, inquiry report on the results of the drinking driving control, each 112 reported case handling table, and the closure of the styve video screen for crime prevention;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of criminal records of the same kind of suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service - Even if it was three times the driving force of drinking, recidivism was made, and the blood alcohol concentration is also higher than 0.134%.

- time to commit the offence;

The drinking driving power is both a fine and the final power in 2011, and there is no penalty power in addition to the above power.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

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