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(영문) 대구지방법원 2019.10.24 2019고단4100

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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2015, the Defendant was issued a summary order of a fine of KRW 4 million for the violation of the Road Traffic Act, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court on December 4, 2015.

On July 31, 2019, the Defendant, while under the influence of alcohol at around 02:13, driven a B-Adi vehicle from approximately 500 meters away from the road near the Yellow Dust-gu, Daegu, to the middle Eastdong-dong, Namdong-dong.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of judgments on same kind of power to suspects);

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 are two occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the re-driving will not be conducted.