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(영문) 대구지방법원경주지원 2020.11.12 2020고단343
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

On January 2, 2008, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court.

On May 29, 2020, at around 03:15, the Defendant driven a F Kanb car in the state of alcohol alcohol 0.056% while under the influence of alcohol 0.056%.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A written appraisal of blood alcohol;

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

1. Application of Acts and subordinate statutes to investigation reports;

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 shall be determined as ordered 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, character and conduct, environment, family relationship; and (e) the various factors of sentencing specified in the records and arguments

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