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(영문) 대구지방법원경주지원 2020.08.25 2020고단156
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

[criminal power] On March 14, 2016, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On March 29, 2020, at around 14:20, the Defendant driven a F-hurd-purd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

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

1. Application of Acts and subordinate statutes to investigation reports (verification of sound driving skills);

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 sentence as ordered shall be determined by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of blood alcohol concentration; (c) the criminal records; and (d) the Defendant’s age, environment; (d) character and conduct; and (e) the various factors of sentencing specified in the records

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