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(영문) 대구지방법원 2019.11.28 2019고단5298

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 April 2, 2017, the Defendant was issued a summary order of a fine of 3.5 million won by the Daegu District Court for a violation of the Road Traffic Act.

On October 6, 2019, at around 02:00, the Defendant driven approximately 200 meters from the day front of the DNA convenience store located in Daegu Northern-gu C to the Eelher road while under the influence of alcohol of 0.184% of blood alcohol level.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition on drinking once or more times.

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: The application of criminal records, repeated statements, 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 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 circumstances after the crime, etc., which are favorable to the high blood alcohol concentration: The confession and reflect;