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(영문) 대구지방법원 서부지원 2020.06.05 2019고단2271

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 May 5, 2015, the Defendant received a summary order of KRW 1,500,000 from the Daegu District Court as a crime of violation of the Road Traffic Act.

On August 21, 2019, at around 23:14, the Defendant driven C truck under the influence of alcohol with approximately 5km alcohol concentration of about 0.087% from the front of the sanitary treatment place located in Seo-gu, Seo-gu, Seo-gu to the front of the sanitary treatment place located in Seo-gu, Seo-gu.

Accordingly, the defendant violated the Road Traffic Act by drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and statutes, such as criminal records;

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 suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the criminal defendant has committed a second offense even though the criminal defendant had been punished for