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(영문) 대구지방법원 2020.02.18 2020고단21

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 2, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seo-gu District Court’s Seo-Support on September 2, 2008; on May 28, 2009, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act; on December 4, 2009, at the Daegu District Court’s Daegu District Court issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act; on May 13, 201, the Defendant was sentenced to a fine of KRW 1,300,00 for a violation of the Road Traffic Act at the Daegu District Court’s Daegu District Court’s Daegu District Court’s Branch on July 17, 2013, and was sentenced to a fine of KRW 1,300,000 for a violation of the Road Traffic Act (a violation of the Road Traffic Act).

【Criminal Facts】

Although the Defendant had been able to violate the provision on the prohibition of drinking driving under the Road Traffic Act more than once, at around 22:40 on October 5, 2019, the Defendant driven a DNA car while under the influence of alcohol content of approximately 8 meters in the Daegu Suwon-gu B C parking lot with a blood alcohol concentration of about 0.069%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on internal investigation (person filing a report on telephone conversations), internal investigation report (to secure CCTV images at a Ccafeteria), investigation report (to be submitted by a suspect), investigation report (to be submitted by a suspect), and investigation report (Recalculation of the blood alcohol concentration);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act are already several times.