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(영문) 대구지방법원 2019.09.05 2019고단3381

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 December 6, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daegu District Court on December 6, 201, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Daegu District Court on March 11, 2013.

On June 17, 2019, the Defendant driven a motor vehicle with DNA alcohol concentration of about 100 meters from a 100-meter section to the front of the cafeteria, which is located in Busan Metropolitan City, on June 17, 2019, even though the Defendant had been able to violate the provision prohibiting driving under the Road Traffic Act two or more times, while driving a motor vehicle with Dial alcohol concentration of about 0.107% in the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. In cases of investigation reports (verification of the same kind of suspect records), application of Acts and subordinate statutes of Part II of summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The grounds for sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, including the fact that the defendant recognizes the crime and reflects the fact that the defendant does not drive drinking again, and other conditions of sentencing recorded in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined the same as the order.