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(영문) 대구지방법원 2020.02.06 2019고단6567

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

The defendant was issued a summary order of KRW 1.5 million by the Daegu District Court on February 12, 2008 due to the violation of the Road Traffic Act.

On November 12, 2019, at around 21:37, the Defendant driven a DNA-learning car under the influence of alcohol with approximately 0.143% alcohol concentration from the 1km section to the roads in front of the Croat Party located in Yongcheon-si, Youngcheon-do.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

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 before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to judgment)-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there have been several records of punishment for the same kind of crime, the blood alcohol concentration is relatively high, and the blood alcohol concentration is relatively high, and the escape is not observed.

The circumstances favorable to the arrest: The punishment as ordered shall be determined by taking into consideration the various circumstances shown in the pleadings of this case, such as the age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc., of the defendant, which are confessions and reflects, which have passed at least 11 years from the last punishment