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(영문) 대구지방법원 2019.09.05 2019고단3090

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, at the Daegu District Court on January 3, 2007, issued a summary order of a fine of two million won for the crime of violating the Road Traffic Act at the Daegu District Court on the same year.

2. On January 10, 2014, the same court issued a summary order of KRW 1.5 million for the same crime; and on January 10, 2014, the same court issued a summary order of KRW 7 million for the same crime.

At around 01:20 on May 19, 2019, the Defendant driven a FSM5 car from approximately 500 meters to the front day of the 'C' restaurant located in Daegu Suwon-gu B with the alcohol content of 0.15%.

Accordingly, the defendant, who violated the prohibition of drinking driving more 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. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (prior records and confirmation of sound driving);

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 sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- - The history of punishment for the violation of the Road Traffic Act (driving) is four times, - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again;