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(영문) 대구지방법원 의성지원 2021.01.14 2020고단371
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 30, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court's Daegu District Court's order, and on October 12, 2012, the Defendant was sentenced to a summary order of 3 million won for a crime of violating the Road Traffic Act (drinking) in the sexual support of the Daegu District Court's Daegu District Court. On December 5, 2013, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months for a crime of violating the Road Traffic Act (drinking) at the sexual support of the Daegu District Court's Daegu District Court's Sung Branch branch on January 21, 2016.

On November 6, 2020, at around 10:45, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol content of about 0.165% at the section of about 3km from the C Union parking lot located in G, G, and the front road in D to E.

As a result, although the defendant was punished by drinking, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the statement made under the circumstances of a driver who is placed in driving, a copy of the investigation report (report on the circumstances of the driver who is placed in driving in driving), notification of the results of regulating the driving of drinking,

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Article 148-2(1), Article 44(1) and (2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1), 44(1), and 44-2 of the former Road Traffic Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In particular, the following should be taken into account: (a) the Defendant’s reflect on the sentencing of Article 62(1) of the Criminal Act; (b) the elderly’s mother and the spouse with disability; and (c) the degree of primary driving and the distance from driving under the influence of alcohol; (d) the record of refusing to measure alcohol driving and drinking alcohol (two times of suspended sentence (one time of suspended sentence); and (e) the

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