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(영문) 대구지방법원 서부지원 2021.01.22 2020고단2013

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 14, 2019, the defendant was issued a summary order of 1.5 million won for a crime of violating road traffic law (drinking driving) in the Seogu District Court's branch court on June 14, 2019.

On June 12, 2020, the Defendant driven a k5-car under the influence of alcohol content of about 0.140% in a section of approximately 3 km from the front of a restaurant where the name in the Daegu Seo-gu B market is unknown to the front of the D in Daegu Seo-gu, the Defendant driven a k5-car under the influence of alcohol content of about 0.140%.

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. The application of the defendant's legal statement report on the situation of the driver placed in the oral statement, inquiry letter including inquiry about criminal history as a result of crackdown on drinking driving, and the application of Acts and subordinate statutes on the investigation status;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., confession and reflect of the defendant, and the fact that there is no record of criminal punishment except for the previous conviction in the judgment);