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(영문) 대구지방법원 안동지원 2020.01.08 2019고단761
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 24, 2015, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court on July 24, 2015, and was subject to criminal punishment for drunk driving three times in total.

【Criminal Facts】

On September 25, 2019, at the same time, the Defendant driven an E-high-speed car with approximately 300 meters alcohol concentration of about 0.125% in the section of approximately 300 meters from the 200-dong-si B On-Road Parking Lots to the front road in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A) and the application of Acts and subordinate 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 reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s occupation, age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and other favorable circumstances, such as the Defendant’s occupation, age, character and conduct, environment, motive and consequence of the crime, etc., and the circumstance after the crime, etc., are considered.

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