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(영문) 대구지방법원서부지원 2020.10.07 2020고단2014

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

On January 7, 2020, the Defendant received a decision to suspend indictment from the Seogu District Prosecutors' Office to violate the Road Traffic Act.

On May 29, 2020, at around 01:50, the Defendant driven a e-forest leatus Oral in a state of alcohol with approximately 00 meters alcohol concentration of about 0.158% from the 100m section from the c front road in Seogugu, Daegu to the front road in Daegu-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 report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation status (attached to a written decision not to prosecute) and Acts and subordinate statutes;

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