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(영문) 대구지방법원 서부지원 2020.05.19 2019고단3216

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

[Criminal Power] On December 4, 2013, the Defendant was issued a summary order of a fine of three million won by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 11:25, 2019, the Defendant driven an Ek5 vehicle while under the influence of alcohol content of about 0.069% from the 1km section from the front of the Cmiddle School located in Seogugu, Daegu to the front road of the same Gu D.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Copy of the circumstantial statement of a drinking driver, inquiry into the results of the crackdown on drinking driving, case handling table 112, photographs of the scene of the accident, vehicle making inquiries, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanying a summary order);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence (see, e., Article 62(1)); Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da14488, Apr. 2, 2006) provides that a person who has been sentenced to suspended sentence or heavier punishment until now after 193 shall not be subject to

1. Order to attend lectures under Article 62-2 of the Criminal Act;