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(영문) 대구지방법원 서부지원 2020.07.24 2019고단3252

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 April 25, 2007, the Defendant violated the prohibition of drinking driving by receiving a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act from the Western Branch of the Daegu District Court on April 25, 2007.

On November 7, 2019, at around 00:15, the Defendant driven E-car in a drunken state with approximately 00:20m alcohol concentration of approximately 0.068% from the front road in Seogugu, Daegu to the front road in the same day from around 00:20 the same day.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of drinking drivers, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes concerning summary order;

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 on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has a family member who will be supported, such as young children, etc.; drinking water in this case and the economic situation of the defendant, etc.);