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(영문) 대구지방법원서부지원 2020.12.17 2020고단2399
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 August 14, 2008, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) under the Daegu District Court Act.

【Criminal Facts】

On July 9, 2020, at around 03:02, the Defendant driven a Derc-cr cruise cruise car with approximately 0.176% alcohol content at a distance of about 12 km from the front of the Crown-gu, Daegu Crown-gu, Daegu to the head of Singu to the head of Singu.

Therefore, although the defendant had a record of punishment for drunk driving, he also driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. On the register of driver's licenses of motor vehicles reports on circumstantial statements of drivers;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal 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 Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1488, Apr. 1, 2006) (1)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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