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(영문) 대구지방법원 상주지원 2019.11.29 2019고단368

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 6, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

On October 8, 2019, around 21:55, the Defendant driven a FK5 vehicle under the influence of alcohol content of about 0.149% at a section of approximately 150 meters from the 150-meter radius to the front of the E Park located in D, which is located in D, around October 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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 (Consideration, such as the violation of a punishment, the fact that there is no human or material injury, and the fact that there is no criminal record exceeding the fine

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;