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(영문) 대구지방법원 서부지원 2020.06.10 2020고단295

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

[criminal power] On August 29, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Seo-gu District Court Branch of the Daegu District Court on August 29, 2007, and the summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Daegu District Court on April 20, 2018.

【Criminal Facts】

On December 24, 2019, at around 23:50, the Defendant driven an Epoter II cargo vehicle while under the influence of alcohol content of about 0.232% from a section of approximately 200 meters to the front road of the Seo-gu, Seogu, Seo-gu, Seoul.

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. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on the drinking control results, and the written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);

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 acknowledges his/her mistake and does not repeat the crime in violation of his/