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(영문) 대구지방법원 2020.02.13 2019고단6602

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 June 19, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Daegu District Court.

On November 17, 2019, at around 19:22, the Defendant driven a fluent car in the state of alcohol alcohol concentration of about 1.5 km from the front road in Daegu Northern-gu B to the front parking lot in the same Gu D Building E-dong.

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. Written appraisal request, report on blood alcohol concentration, and written appraisal on blood alcohol concentration;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The fact that there is a history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the refusal to drive under the influence of alcohol again;