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(영문) 대구지방법원 서부지원 2021.01.22 2020고단1795
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon Friwon.

On May 11, 2020, the Defendant driven Cran-car under the influence of alcohol leveling 0.178% in alcohol leveling from the direction of the two kinds of four streets in Daegu-gu to the front direction of the same Gu.

Summary of Evidence

1. Application of two Acts and subordinate statutes to two copies of the defendant's written notice of the result of regulating the driving of drinking alcohol under the law by the defendant, the statement of the situation of the driver under the influence of alcohol, the investigation report (report on the situation of the driver under the influence of alcohol), the inquiry report on the results of regulating the driving of drinking alcohol, the investigation report, the investigation status (the previous confirmation twice

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has many records of punishment for various crimes including drinking, and that the drinking value of this case is very high and the driving of drinking while causing a traffic accident is disadvantageous to the defendant.

However, considering the fact that the defendant's mistake and reflects the defendant's mistake, the defendant's age, sexual conduct, environment, and circumstances after the crime are considered, and the sentencing conditions specified in the records of this case shall be determined as ordered by considering all other circumstances.

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