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(영문) 대구지방법원 2019.11.28 2019고단5353

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

[Criminal Power] On October 20, 201, the Defendant was issued a summary order of KRW 2 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 11, 2019, at around 20:00, the Defendant driven a Cice motor bicycle under the influence of alcohol leveling 0.206% from the front line of the playter adjacent to the B of the Sinsan B to the front line of the same city.

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. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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 degree of blood alcohol level is high, circumstances favorable to the fact that there are several times of punishment for the same kind of crime: confessions and reflects, the last eight years has passed from the punishment power, and the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. are considered, and the punishment shall be determined as ordered by the Disposition, taking into account the various circumstances shown in the arguments of this case, such as the defendant'