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(영문) 대구지방법원경주지원 2020.10.15 2020고단544
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 March 3, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Daegu District Court and the summary order of KRW 3 million for the same crime from October 28, 2019 to the same support.

【Criminal Facts】

On August 17, 2020, at around 22:38, the Defendant driven an Eysttop car with approximately 200 meters alcohol concentration of 0.101% under the influence of alcohol from the pre-road of the C Burial in the PP in the PP in the PP in the front of the D.

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. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to the investigation report;

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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