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(영문) 대구지방법원서부지원 2020.08.28 2020고단68

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

except that 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 March 31, 2010, the Defendant was issued a summary order of two million won or more as a crime of violating the Road Traffic Act by the Daegu District Court.

On December 7, 2019, at around 07:17, the Defendant driven a CM5 car while under the influence of alcohol content of about 0.078% in the 4km section from the French-si B market near the Dong-gu, Daegu-gu to the North Korean National University-do, Seo-gu, to approximately 4km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and criminal investigation reports (attached reporting to summary orders);

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the confession and reflectability of the defendant in depth, the fact that there is no record of criminal punishment exceeding the fine, and the fact that there is a family member to support the drinking water in this case);