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(영문) 대구지방법원경주지원 2020.11.26 2020고단652
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 March 2, 2016, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On August 25, 2020, at around 21:25, the Defendant, despite the fact that he violated the provision prohibiting drunk driving, driven a G 34-wheeled freight vehicle with a blood alcohol content of about 50 meters from the front of the D warehouse in the vicinity of C gas station located in Si-si, Daejeon to the front of the Fow in E, while under the influence of alcohol level of about 0.144% from around 50 meters to the front of the Fow in E.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes on investigation reports (the same kind of power of a suspect);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act under Article 62-2 of the Act on Suspension of Execution; (b) the blood alcohol concentration; and (c) the criminal records; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime; and (c) the various sentencing factors

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