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(영문) 대구지방법원 2020.07.21 2020고단2579
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

[Criminal Power] On December 14, 2006, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

On May 9, 2020, at around 23:10, the Defendant driven an E truck while under the influence of alcohol leveling 0.112% from the 3km section from the front side of the Cheongdo-gun, Cheongdo-gun, to the front side of the D Association in C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of a driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (compact of a summary order for running sound and request for submission of trial proceedings);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act - time limit for the crime.

In 2006, even though the driving force of drinking was once again reoffed, it was higher than 0.112% of alcohol concentration, but it was for a considerable period of time after the driving force of drinking, and it was a fine record.

There is no history exceeding the fine.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

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