(영문) 대구지방법원 2020.12.22 2020고단5488

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(영문) 대구지방법원 2020.12.22 2020고단5488

도로교통법위반(음주운전)

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Defendant shall be punished by imprisonment for a term of one year and two months.

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 October 30, 2008, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 3 million by the same court on December 1, 2008, respectively.

On October 12, 2020, at around 22:55, the Defendant driven C business cars under the influence of alcohol with approximately approximately 100 meters alcohol concentration of about 0.134% from the front of a restaurant located in the Dododododododododododo-gu, Daegu to the front road of the building in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (report on confirmation of the same type of force);

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including probation and order to attend the course of the trial of this case, shall be prescribed as the order, taking into account the following factors: (a) the occurrence of traffic accidents; (b) disadvantageous circumstances, such as the occurrence of traffic accidents; (c) the main contents of the traffic accident; and (d) favorable circumstances, such as the defendant’s resistance; (b) age, character and conduct; (c) the environment; (d) the means and consequence of

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