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(영문) 대구지방법원 서부지원 2020.05.06 2019고단3613
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 19, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court. On May 29, 2017, the Defendant was issued a summary order of KRW 3.5 million for the same crime at the same court.

【Criminal Facts】

The Defendant was driving a 124CC in a state of approximately 800 meters alcohol concentration 0.091% alcohol level from the road in front of the cafeteria, which is unaware of the name near the Daegu Seo-gu B market, to the Ecafeteria road located in the same 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 inquiry into the results of drinking control;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related 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 violation of his/

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