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(영문) 대구지방법원 2020.08.12 2020고단1373
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 December 21, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court as a crime of violating the Road Traffic Act.

【Criminal Facts of Crimes】 On February 25, 2020, the Defendant driven B rocketing car under the influence of alcohol of about 10km from the 10km section of the blood alcohol concentration of about 0.114% from the 10km section of the 10km road located in the Jung-gu Seoul Metropolitan City, Daegu Metropolitan City to the nive road of the 14-ro, Dong-gu, Daegu Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Inquiry into the enemy;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal history records, inquiry reports (compact of summary orders for sound driving, and request for submission of trial proceedings);

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. In full view of all the circumstances such as the defendant's criminal records of sentencing under Article 62-2 of the Criminal Act, the background leading to the crime of this case, drinking volume, and circumstances after the crime, a sentence of the same punishment as the order shall be imposed on the defendant.

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