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(영문) 대구지방법원 2019.09.05 2019고단3243

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

On September 14, 2006, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on September 14, 2006, and a summary order of KRW 2.5 million due to the same crime in the same support on June 29, 2007, and on May 21, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million due to the same crime in the same support on May 21, 2008.

On June 2, 2019, the Defendant, despite the fact that he violated the provision prohibiting the drunk driving of the Road Traffic Act more than twice, driven Cho-do car under the influence of alcohol with approximately 120 km alcohol concentration of about 0.114% at the section of about 120km from the front of the petition-gu, Cheongju-si to the front of the Cheongju-si to the front of the Gyeongbuk-do Office, Gyeongcheon-do, Busan-do, Busan-do, Busan-do, Dho-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Report of investigation (verification of the same kind of suspect's power), two copies of the judgment, and application of Acts and subordinate statutes of Part IV of the summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship

- The fact that there are six occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the re-driving will not be conducted.