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(영문) 대구지방법원 의성지원 2019.08.29 2019고단174

도로교통법위반(음주운전)

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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 June 14, 2007, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. on May 14, 2009, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act on May 14, 2009. On December 17, 2012, the Defendant violated the prohibition of drinking driving by receiving a summary order of KRW 7 million for a violation of the Road Traffic Act from the Western Branch Branch of the Daegu District Court on December 17, 2012.

On June 18, 2019, at around 21:42, the Defendant driven a Fpoter cargo vehicle with approximately 1.5 meters alcohol level 0.085% under the influence of alcohol level 0.085% from the “C” parking lot located in Seongbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun, G, and the same west-gun via the west-gun, G, and the front road located in the same Gun D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to criminal records, previous records of a suspect's drinking driving, judgment, etc.);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Special consideration shall be given to the accused's reflection of the reasons for sentencing under Article 62(1) of the Criminal Act, records of traffic crimes (one time of suspended execution, seven times of fines), the degree and distance of driving, economic circumstances and health conditions of the accused, etc.