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(영문) 대구지방법원서부지원 2020.12.22 2020고단977
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 22, 2010, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1,500,000 for a violation of the Road Traffic Act at the Seogu District Court’s Branch Branch Branch on January 22, 201, a summary order of KRW 1,50,000 for a fine of KRW 1,50,00 for a violation of the Road Traffic Act in the same court on December 14, 201, and a summary order of KRW 6 million for a violation of the Road Traffic Act in the same court on December 2, 2013, respectively.

Around 07:48 on January 19, 2020, the Defendant driven CW car at a section of about 3 km from the road in which it is impossible to find out not more than 0.106% of the blood alcohol concentration of 0.106% on the roads in Songpa-gu Seoul, Songpa-gu to the roads in front of B.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Application of the three-dimensional Acts and subordinate statutes to the defendant's statutory statement, circumstantial reports, and references, such as field photographs, criminal records at the scene, investigation status, summary order, and the search of the case at B when considering the result of crackdown on drinking driving;

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. The reason for sentencing under Article 62(1) of the Criminal Act and Article 62-2 of the Social Services Criminal Act is that the defendant was punished several times due to drunk driving, and that the defendant repeats the crime despite the history of having been punished due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is disadvantageous to the defendant.

However, considering the fact that the defendant shows the attitude of recognizing and opposing the defendant's wrongness, and that there is a family member to support, the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the sentencing conditions as shown in the records of this case shall be determined as ordered.

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