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(영문) 대구지방법원 서부지원 2020.02.14 2019고단2123
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

On November 24, 2011, the Defendant was sentenced to a fine of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On July 27, 2019, while under the influence of alcohol at around 02:30, the Defendant driven B-low-income vehicle from approximately 4km to the front road of the 311st century, from the Daegu Seo-gu, Seog-gu, Daegu-gu, the monthly distribution from the roads near the death electric power plant of Daegu to the death electric power plant of 0.151%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records, inquiry reports and application of 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant does not repeat the crime by recognizing and opposing his/her mistake, and that there is no criminal record exceeding the fine (no particular criminal record exists other than the criminal record for the drunk driving) is favorable to the defendant.

On the other hand, the fact that drinking water is high is disadvantageous to the defendant.

In addition, all other circumstances, such as the danger of drinking driving and the necessity for strengthening of punishment therefor, driving distance, details of crimes, circumstances after crimes, the prosecutor's punishment (two years of imprisonment) shall be determined as ordered.

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