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(영문) 대구지방법원 영덕지원 2020.03.25 2020고단5
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 October 6, 200, the Defendant was sentenced to a suspended sentence of two years for a period of six months due to a violation of the Road Traffic Act (driving) in the Young-gu District Court’s Young-gu District Court’s territorial support. On October 24, 2007, the Defendant was sentenced to a summary order of 2.5 million won due to a violation of the Road Traffic Act (driving) in the Young-gu District Court’s territorial support.

On November 4, 2019, the Defendant was under the influence of alcohol of 0.076% from blood alcohol level around 17:10, the Defendant driven the B Star Corscison from the section of about 5km to the road located at approximately 500 meters away from the scopic parallel road located in the same ecopic ecopic ecopic ecopic ecopic ec.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Each investigation report and internal investigation report;

1. Reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving, report on the results of the control of drinking driving, report on the actual condition, carving, and report on the results of polyg

1. Each photograph;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

The circumstances disadvantageous to the defendant: The defendant shall be subject to the suspension of the execution of imprisonment with prison labor in 200 and the fine in 2007, respectively, and other favorable circumstances: the defendant shall be subject to this.

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