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(영문) 대구지방법원의성지원 2020.08.13 2020고단203
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 became final and conclusive.

Reasons

Punishment of the crime

On October 14, 2010, the Defendant received a summary order of a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Young-gu District Court Young-gu District Court (Seoul District Court).

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, on June 20, 2020, at around 10:00, the Defendant driven a Fpoter freight at approximately KRW 0.174% under the influence of alcohol in the direction of about 5km from the C cafeteria parking lot located in the Cheongju-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongbuk-gun, to the front roads located in the E-ray, Gyeongbuk-gun, Gyeongbuk-gun.

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. Traffic accident report, report on the scene of accident, photograph of the scene of accident, report on the driver's circumstantial statement, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports (applicable to previous records of sound driving, written judgments, 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. It shall be particularly taken into account the reflection of the reasons for sentencing under Article 62(1) of the Criminal Act, the distance and the degree of driving, the records of driving under influence of alcohol (one time a suspended sentence of imprisonment and two times a fine); and

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