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(영문) 대구지방법원 서부지원 2020.04.20 2019고단3200

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 became final and conclusive.

Reasons

Punishment of the crime

On August 26, 2011, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch on August 26, 201.

On September 25, 2019, at around 16:06, the Defendant driven a F Kanb car with approximately 500 meters alcohol concentration at approximately 0.061% under the influence of alcohol level from the front road in Daegu Seo-gu B to the front road in Daegu Seo-gu D.

Accordingly, the defendant was driving under drinking not less 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 drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (same type criminal records);

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 violation of his/