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(영문) 대구지방법원 2019.10.31 2019고단4748

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 August 9, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 1.5 million for the same crime in the same court.

【Criminal Facts】 Although the Defendant had been in violation of the Road Traffic Act’s provision prohibiting driving under the influence of alcohol at least once, on September 7, 2019, the Defendant driven a F Soon car under the influence of alcohol with approximately 0.146% alcohol level from a 200-meter section from the front of a restaurant located in the Daldong-gun B to the front of the E sales outlet located in D.

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 before ruling: Application of criminal records, repeated statements, investigation reports, and 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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment as ordered shall be determined by taking into consideration the following various circumstances as shown in the pleadings of this case, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstance after the crime, etc.