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(영문) 대구지방법원 2021.01.14 2020고단5405
도로교통법위반(음주운전)
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

[criminal history] On May 22, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on May 22, 2008, and a fine of KRW 1.5 million for the same crime at the same court on August 30, 2019.

[2] On September 2, 2020, the Defendant driven a coo vehicle in G with approximately KRW 500 meters alcohol concentration of approximately 0.111% from the road in Yongcheon-si B around September 2, 2020 to the front E-ray in the same city D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, an investigation report (report on the circumstances of the driver at home), and a report on the detection of the driver at home;

1. A previous conviction: Application of two copies of the Acts and subordinate statutes, such as inquiry about criminal history, investigation report (report on confirmation of the same criminal history as the suspect), list of relevant cases, and summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. The reason for sentencing under Article 62-2 of the Criminal Act, the order to observe and attend lectures, and the reason for sentencing under Article 62-2 of the Social Service Order - The drinking driving force was once twice, and the alcohol concentration in the blood was higher than 0.11%, and there was a risk of an accident by installing a vehicle at a one-lane vehicle.

- time to commit the offence;

The above punishment history is a fine.

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