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(영문) 대구지방법원서부지원 2020.11.11 2020고단2326

도로교통법위반(음주운전)

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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 became final and conclusive.

Reasons

Punishment of the crime

On October 29, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Daegu District Court, and the summary order of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court on December 29, 201.

On July 3, 2020, at around 05:27, the Defendant driven a motor vehicle under the influence of alcohol concentration of about 0.100% from a section of approximately 300 meters, from the road front of the Daegu-gu B Parking Lot, to the front of the Daegu-gu Seoul-gu B Parking Lot.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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 on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in reflect his/her mistake