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(영문) 대구지방법원 서부지원 2020.04.21 2019고단2804

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 December 5, 2006, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Daegu District Court, and a summary order of KRW 1.5 million for a fine in the Seoggu District Court’s Branch Branch on September 3, 2009.

【Criminal Facts】

On September 2, 2019, at around 18:00, the Defendant driven a motor vehicle with low alcohol level of 0.105 percent in the direction of approximately 6km from the alleyway in front of the detached house located in Seo-gu, Daegu to the Yongsan-gu, Seogu, Seo-gu, Daegu to the Yongsan-do.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Mandatory insurance policies;

1. Previous records: Application of criminal records and investigation reports (former records, confirmation and attachment of judgment) and statutes;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the defendant acknowledges the crime of this case, and there is no record of punishment heavier than the fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;