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(영문) 대구지방법원서부지원 2020.12.11 2020고단1612

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 September 5, 2013, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on September 5, 2013.

around 04:10 on March 10, 2020, the Defendant driven a vehicle Ck3 vehicle under the influence of alcohol leveling 0.049%, while under the influence of alcohol leveling approximately two meters on the front of Daegu-gu B on the road.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes to inquiries, such as a circumstantial statement of a drinking driver, a criminal record of the crackdown on drinking driving, etc., and an investigation report (verification of criminal records of the suspect A as a suspect);

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 (Taking into consideration the fact that the defendant is led to confession and reflects, that there is no record of criminal punishment except for the previous conviction in the judgment, that there is a family member to support, the distance of driving