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(영문) 대구지방법원 2020.09.15 2020고단3631
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

On January 31, 2007, the Defendant was issued a summary order of a fine of two million won by a Daegu District Court for a violation of the Road Traffic Act (driving) and was sentenced to a fine of three million won by the same court on January 5, 2011.

Criminal facts

On July 6, 2020, at around 21:38, the Defendant driven a e-wing truck with alcohol level of about 0.2% while under the influence of alcohol level of about 500 meters in front of D Teaching Institutes located in the same Gu C from Daegu Suwon-gu. From around 500 meters.

As a result, the defendant, even though he was punished for a drunk driving, was driving again while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the situation of the driver, investigation report, investigation report (report on the situation of the driver), weather report (Attachment to the spab image), and photograph after closure of the image;

1. Previous convictions: Criminal records, investigation reports, judgment, and application of Acts and subordinate statutes concerning 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 Code of the Order of Education and the Order of Community Service - Despite the past record of punishment for drunk driving, recidivism was committed, and the blood alcohol concentration is 0.2%.

- to avoid committing a crime and not recommitting a crime.

The above punishment history was both fines and has passed for a considerable period of time.

There is no record of punishment in addition to the above punishment.

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