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(영문) 대구지방법원 2020.01.16 2019고단5848

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

On September 23, 2008, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act by the Daegu District Court, and a summary order of KRW 2.5 million for the same crime from the Western District Court’s branch on June 10, 2015.

On October 21, 2019, at around 19:35, the Defendant driven C rocketing car in the state of alcohol alcohol concentration of about 0.122% from the 2km section of approximately 2km to the front route of the same Gu’s B apartment route from the mix-dong located in the Daegu Northern-gu Nowon-gu Nowondong.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation report (as to the statement of the shote);

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (report accompanied by a summary order indicating punishment for running a motor vehicle);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The fact that there are two occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the further refusal to drive under the influence of alcohol;