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(영문) 대구지방법원 2020.09.17 2020고단3863
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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 May 13, 2015, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch.

【Criminal Facts】

1. Around 04:20 on June 25, 2020, the Defendant driven an E rocketing car in a state of alcohol alcohol leveling to about 700 meters from the area near Daegu Northern-gu to the front of D located in the same Gu C, with approximately 00 meters of blood alcohol leveling to 0.219%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a passenger car as stated in Paragraph 1, which was not covered by mandatory insurance at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the control of drinking driving, and report on the results thereof, and mandatory insurance;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report on the confirmation of criminal records of the same kind of suspect)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each term;

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

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

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the pleadings of this case, such as the defendant's records of sentencing or attending the course of the crime of this case, the background of the crime of this case, the form of the act and the degree of the principal thereof, the age, character and conduct, environment, family relationship, and circumstances after the crime.

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