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(영문) 대구지방법원 2019.11.28 2019고단5302

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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 27, 2016, the Defendant issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Suwon District Court on the same day, and KRW 3 million as a fine in the same court on October 1, 2018.

【Criminal Facts】

On September 21, 2019, at around 02:21, the Defendant driven C rocketing car under the influence of alcohol with approximately 0.079% of alcohol concentration from the 2.9km section of approximately 2.9km to the access road to the Handong-dong, Nam-gu, Namdong-dong, Nam-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (report accompanied by a summary order attached to the punishment records of the same kind of crime);

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The sentence shall be determined as ordered, taking into consideration the various circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., which are favorable to the fact that there have been several times of punishment for the same kind of crime: The confession and reflect, and