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(영문) 대구지방법원 서부지원 2020.05.20 2020고단120

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 October 9, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Seo-gu District Court’s Branch Branch Branch of the Daegu District Court for a crime of violation of the Road Traffic Act (driving). On May 30, 2014, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On December 14, 2019, at around 03:49, the Defendant was punished for the violation of the Road Traffic Act (driving) as above, but, while under the influence of alcohol by 0.170%, the Defendant driven a d horse in the section of about 30km from the front of the c cafeteria located in the Gumi City B to the lower point of the 150km Busan-do Busan-do Busan-do Busan-do Drown-do Drown-do Drown-do, Busan-do Drown-do, Busan-do.

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: Application of criminal records, inquiry reports and investigation reports (attached to the same type of criminal records and summary orders);

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/