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(영문) 대구지방법원 경주지원 2019.07.11 2019고단262

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 May 23, 2010, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Daegu District Court and the summary order of KRW 7 million for the same crime in the Daegu District Court Port Branch on September 16, 2013, respectively.

【Criminal Facts】

On April 8, 2019, at around 00:25, the Defendant driven a DNA motor vehicle while under the influence of alcohol by 0.110% of blood alcohol concentration from approximately 9.5km to the front road of the racing-si.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (Confirmation of the same kind of power) - Application of each one copy of summary order, respectively;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had the power to be punished for drinking driving, the crime is heavier than that of drinking driving.

However, the defendant recognized and reflected the crime of this case.

There is no record of criminal punishment exceeding a fine, and there is no record of punishment for drinking driving after 2013.

In addition, all the sentencing conditions, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered.