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(영문) 대구지방법원 2020.09.22 2020고단3706
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On April 10, 2015, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court, and on September 9, 2016, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Daegu District Court on September 9, 2016, and on March 30, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) at the Daegu District Court.

【Criminal Facts】

Around 00:52 on June 24, 2020, the Defendant, while under the influence of alcohol content of 0.278%, driven a e-learning car from the front of the “C” road located in the Cheongbuk-gun, Cheongbuk-do to the front of the Cheongbuk-gun, Cheongbuk-do.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a written statement of a person involved in a traffic accident, a report on the state of his/her driving, a report on the state of his/her driving, an inquiry into the results of the drinking driving control, a report on

1. Previous convictions in judgment: Criminal records, investigation reports (a report on confirmation of criminal records of the same kind of suspect), two copies of summary order, and application of Acts and subordinate statutes of one written judgment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act - The reason for sentencing under Article 53 and 55(1)3 of the Criminal Act - Although three times the previous records of punishment for drunk driving (2015, two times each fine in 2016, and one time the suspended sentence of imprisonment in 2017) have resulted in a physical accident that conflicts with three vehicles parked in a state of 0.278% alcohol concentration.

The time to commit the crime.

With the automobile comprehensive insurance, physical damage seems to have been recovered.

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