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(영문) 대구지방법원 2020.10.29 2020고단4265
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 July 13, 2018, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 22, 2020, at around 00:10, the Defendant driven a motor vehicle with low alcohol leveling to 0.066% of blood alcohol level at approximately 1.3 km section from the French Northernbuk-gu to the front route of the Cuniversity life zone located in Daegu Northern-gu B.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, request for appraisal of concentration of blood alcohol, written appraisal, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same attached records), and application of Acts and subordinate statutes concerning summary order;

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. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order, the reason for sentencing in Article 62-2 of the Social Service Order Act - the history of drinking driving in 2018 was re-offending.

The time to commit the crime.

Blood alcohol concentration is 0.066%.

The above history is a fine.

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