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(영문) 대구지방법원 2020.01.09 2019고단5926

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, 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 March 26, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

Although the Defendant had been in violation of the provision on the prohibition of drunk driving under the Road Traffic Act more than once, the Defendant driven B Poter cargo in the direction of about 5km from the construction site of the U.S. military unit located in the Samgdong-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu on October 28, 2019 to the beginning of 1216 in the calculation of the same military base, the Defendant driven B Poter cargo while under the influence of alcohol concentration of about 0.226% in the direction of about 5km, from the beginning of the construction site of the military unit

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

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 maximum degree of blood alcohol level is high, circumstances favorable to the fact that there have been several times of punishment for the same kind of crime: The confession and reflect shall be made, taking into account the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances shown in the pleadings of this case, such as the circumstances shown in the pleading of this case, shall be determined as ordered;