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(영문) 대구지방법원 서부지원 2020.04.01 2019고단2704

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 July 28, 2009, the Defendant was issued a summary order of a fine of four million won by the Seoul Western District Court for a violation of the Road Traffic Act.

On September 24, 2019, at around 22:00, the Defendant driven a DNA car with a blood alcohol concentration of about 0.095%, from around 1.7 km to the road before the galsab box located in the same Gu dry field, which was located in Daegu Seo-gu B, Daegu 2019.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of drinking control;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other 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. 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/