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(영문) 대구지방법원서부지원 2020.11.20 2020고단1230

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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 30, 2009, the defendant issued a summary order of 1.5 million won for the crime of violating the Road Traffic Act at the Daegu District Court.

On March 12, 2020, at around 23:03, the Defendant driven a dice halog golf car with approximately 0.152% alcohol concentration in the section of approximately 6 km from the road in front of the Daegu Jung-gu B market to the front of Daegu Seo-gu C.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Application of Acts and subordinate statutes of the defendant's statutory statement, report on circumstantial statements, and inquiry about criminal records, such as notification of the result of crackdown on drinking driving, and application of investigation status 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant makes confession and reflects on his/her gender, and the fact that he/she has a family member to provide support, including young children);