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(영문) 대구지방법원 경주지원 2021.03.17 2020고단880
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 history] On June 5, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the Daegu District Court and racing support, and a summary order of KRW 3 million for the same crime in the same court on May 21, 2018.

[2] Although Defendant 1 had the record of violating the prohibition of drinking driving as above, Defendant 1 driven B Anon-motor vehicle in the state of alcohol concentration of approximately 0.074% in the 2km section of blood while under the influence of alcohol at around around around 2km in the direction of 01:28 on November 23, 2020 to over 0.074.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Notification of the result of the police's statement made by the defendant C on the police's statutory statement, the statement report on the situation of the driver placed at the police, and the investigation report (the state report on the driver placed at the

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the fact that the defendant for sentencing of Article 62-2 of the Criminal Act, including the fact that he/she has been punished four times a fine due to drinking alcohol driving, etc.;

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