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(영문) 대구지방법원 2019.08.22 2019고단3181

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

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

The Defendant, at the Daegu District Court on May 4, 2007, issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million on November 25, 2015 with the same court issued a fine of KRW 3 million for the same crime on at least two occasions.

On June 9, 2019, the Defendant: (a) driven a “D” restaurant near Daegu-gu C, Daegu-gu, and then driven a G Albin car with approximately 800 meters alcohol concentration 0.076% under the influence of alcohol on the part of approximately 800 meters up to the front road of the “F” in the same Gu E.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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; Act No. 16037, Jun. 25, 2019);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as ordered in consideration of various circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., which are favorable to the fact that there have been several records of punishment for the same kind of crime: The confession and reflect;