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(영문) 대구지방법원 2020.11.17 2020고단4258
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 November 30, 2007, at the Daegu District Court, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, at the same court on May 24, 2012, and at the same court on June 21, 2012, a fine of KRW 5 million for the same crime.

【Criminal Facts】

At around 21:00 on July 29, 2020, the Defendant driven B k9 car under the influence of alcohol content of approximately 0.13% from the section of approximately 11km to the old-dong, Daegu Northern-dong, New-ro, 866, and the front side of the Seongbuk-dong, New-dong, the Defendant driven B k9 car under the influence of alcohol content of around 0.13%.

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 situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the circumstantial statement of a drinking driver, and investigation report;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation 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. 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 Act - the reason for sentencing under Article 62-2 of the Social Service Order - Even though the record of drunk driving had been four times, the blood alcohol concentration is also higher than 0.13%.

- time to commit the offence;

The past history was both fines and has passed for a considerable period from the time of the final punishment ( June 2012).

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