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(영문) 대구지방법원 2020.11.26 2020고단5220
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 July 1, 2009, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

On September 22, 2020, at around 23:35, the Defendant driven a DEX car in the state of alcohol alcohol concentration of about 0.096% from the entrance to the above apartment C-dong underground parking lot from the gate of the apartment house B in Daegu Northern-gu to the above apartment C-dong underground parking lot.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of driving, report on the state of state of driving, inquiry into the results of the crackdown on driving under influence of alcohol, notification on the results of the crackdown on driving under influence of alcohol, and report processing of 112 incidents;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of suspect's records of driving under the influence of alcohol and attachment of summary orders), and application of Acts and subordinate statutes of one summary order;

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 - the reason for sentencing under Article 62-2 of the Social Service Order - Even if a drunk driving career was re-offending, and the blood alcohol concentration is 0.096% higher.

- time to commit the offence;

The above power is a fine and there is no other record of punishment.

The drinking-driving place is an apartment parking lot.

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