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(영문) 대구지방법원 서부지원 2020.05.20 2020고단129

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 March 7, 2007, the defendant was issued a summary order of one million won by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 5, 2019, at around 18:10, the Defendant driven a BE Q90-car under the influence of alcohol content of about 0.152% in the section of approximately 4km from the 1st century to the Newcheon-gu 3442-8, Taecheon-gu, Daegu, where the name located in Thaidong cannot be known.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

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 (verification of sound driving 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/