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(영문) 대구지방법원서부지원 2020.10.21 2020고단1866

도로교통법위반(음주운전)

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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 became final and conclusive.

Reasons

Punishment of the crime

In the Western Branch of the Daegu District Court on August 16, 2007, the Defendant has been sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) and a fine of three million won for a violation of the Road Traffic Act (driving) in the same court on January 9, 2008.

Nevertheless, at around 19:30 on May 20, 2020, the Defendant driven a Karen car with approximately 200 meters alcohol concentration 0.078% while under the influence of alcohol from the 200-meter section to the front road of the Dan-gun, Seongbuk-gun, Seongbuk-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

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 on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in reflect his/her mistake