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(영문) 대구지방법원 의성지원 2021.02.18 2020고단358
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to a two-year suspended sentence for a violation of road traffic law (drinking driving), etc. on the grounds of a violation of road traffic law, and on February 2, 2017, under probation period, sentenced to six months of imprisonment with prison labor for special larceny, etc. on April 27, 2017, which became final and conclusive on April 27, 2017, and the sentence of the said suspended sentence became void, and the parole period expired on May 21, 2018 during the execution of each of the said sentence.

On August 7, 2007, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and on January 20, 201, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for a period of eight months for a crime of violating the Road Traffic Act in the same court on January 20, 201. On August 13, 2015, the same court was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act (driving), and on March 24, 2016, the Defendant was sentenced to a suspended sentence of two years for a year for a violation of the Road Traffic Act (driving).

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol at least once, on November 9, 2020, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol with approximately 0.178% alcohol level from the 10km section to the front road of “E” located in D in the same Gun, from the front road of the House of C, located in the Gho-gun of the Gyeongbuk-gun, around 13:35 on November 9, 2020.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the statement made under the circumstances of a driver who is placed in driving, a copy of the investigation report (report on the circumstances of the driver who is placed in driving in driving), notification of the results of regulating the driving of drinking,

1. A previous conviction: Application of a reply to inquiry, such as criminal history, report of investigation (limited to a prior conviction for a repeated crime and a previous conviction and attachment of the same criminal records);

1. Article 148-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts and Article 148-2(1).

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