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(영문) 대구지방법원의성지원 2020.09.24 2020고단227
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 became final and conclusive.

Reasons

Punishment of the crime

On November 29, 2010, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) in the family branch of the Daegu District Court.

On July 13, 2020, at around 00:40 on July 13, 2020, the Defendant driven a F low-speed car under the influence of alcohol with approximately 500 meters alcohol level of 0.130% at approximately 0.130 meters from the front side of the “E Animal Hospital” located in the G Gandong-gun, Gandong-gun, Gandong-gun, to the front road of the “Ean Animal Hospital.”

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

Summary of Evidence

1. The legal statement, statement, report on the occurrence of traffic accidents by defendants and the actual condition investigation report;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The following should be taken into account: (a) the Defendant’s reflection of the reasons for sentencing under Article 62(1) of the Criminal Act; (b) the economic situation; and (c) the disposal of automobiles as indicated in the judgment of August 18, 2020; and (d) the degree and distance of driving; and (e) the history of drinking driving (two times of fines by 2010).

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