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(영문) 대구지방법원영덕지원 2020.11.25 2020고단265
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

On January 7, 2002, the Defendant received a summary order of KRW 3 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving on July 27, 2005), a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving on September 13, 2007), and a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving on September 13, 2007) from the Seobu Branch Branch of the Daegu District Court at the Seocheon Branch Branch of the Daejeon District Court on May 24, 2017 to a fine of KRW 3 million for a violation of the Road Traffic Act (driving on drinking).

On August 25, 2020, at around 01:29, the Defendant driven a F NAS car in the state of alcohol alcohol concentration of about 0.126% at the section of approximately 400 meters from the direction of C frontway to E frontway located in D.

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

Summary of Evidence

1. Reporting on the occurrence and arrest of a suspect suspected of violating the Road Traffic Act (driving) in a statutory statement of the accused, and reporting on the criminal investigation;

1. Report on the occurrence of a traffic accident, report on the actual condition of the driver, report on the circumstantial statement of the driver, report on the results of the drinking-driving control, and each photograph taken by the driver on board;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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. 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime. The sentence shall be executed on the condition that probation, community service order, and order to attend a lecture shall be complied with in good faith.

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