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(영문) 대구지방법원 2020.11.26 2020고단5255
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 September 13, 2007, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act at the Daegu District Court, and a summary order of KRW 2.5 million for the same crime on March 30, 201, respectively.

【Criminal Facts】

On September 19, 2020: (a) around 00:07, the Defendant driven CCor or a car under the influence of alcohol leveling of about 0.117% from the 20km section of approximately 20km to the 38 Central Expressway (Tgu bank) in the croc or car, in front of the frequency of mutual incompetence in the Gangseo-gu Busan Metropolitan City B market.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, a detailed statement of management and inquiry reports, investigation reports (Attachment to a summary order of the same criminal records as a suspect), and application of summary order statutes;

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 - The defendant driven a drinking alcohol even three times, and the blood alcohol concentration is higher than 0.117%.

- time to commit the offence;

All of the above records are fines.

The period of final punishment has expired.

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