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(영문) 대구지방법원 서부지원 2021.03.24 2020고단2898
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2010, the Defendant was sentenced to a summary order of KRW 1 million on July 29, 2010 to a fine of KRW 1,00,000 for a violation of road traffic law at the Daegu District Court, and on January 17, 2018, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic law (drinking driving) at the Seog Branch of the Daegu District Court.

On July 1, 2020, the Defendant driven a Bnub motor vehicle under the influence of alcohol with approximately 10 kilometers from around 09:24 to around 0.047 percent of alcohol concentration in blood on the roads located in the Dong of the Daegu Seo-gu Merchant, Daegu-gu, Daegu-ro, 205.

Accordingly, the defendant was driving a drinking not less than twice.

On December 6, 2020, the Defendant: (a) 14:30 around 14:30 on December 6, 2020, at the time of the victim E’s residence in Daegu-gu C and D, and (b) 1.70,000 won at the market price, which was owned by the victim, was cut off.

Summary of Evidence

"200 Highest 2898"

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction: A written reply to inquiry, such as criminal history, to the suspect interrogation protocol of the police against "2021 Highest 143";

1. Application of Acts and subordinate statutes governing field photographs of E;

1. Relevant legal provisions of the Act, Articles 148-2(1) and 44(1) of the Road Traffic Act, Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There are circumstances such as denying the crime of larceny for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and re-offending despite the past history of having been sentenced to a suspended sentence of imprisonment due to drinking driving, etc., however, the misunderstanding of mistakes is divided, immediately returned at the site, the thief wishes to be punished against the defendant's attention, and the victim of theft wishes to be punished against the defendant.

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