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(영문) 대구지방법원 의성지원 2020.06.25 2020고단153
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 18, 2007, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch Branch of the Daegu District Court.

On May 21, 2020, the Defendant, despite the power of violating the provision on the prohibition of driving under the influence of alcohol, was driving a F-to-purd motor vehicle in the state of alcohol with approximately KRW 2 km from the front of the C cafeteria located in the Cheongsong-gun B, Chungcheongnam-gun, Chungcheongnam-gun, and up to the front of the E in the same Gun D, with approximately 0.051% of blood alcohol concentration.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

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. To take into account the reflection of the defendant's reason for sentencing under Article 62 (1) of the Criminal Code, the degree of the principal offender's punishment and the distance from operation, the economic situation is not good, and the same power (one time of the fine around 2007) in particular.

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