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(영문) 대구지방법원 2019.09.19 2019고단3636
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than 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

On May 28, 2007, the Defendant issued a summary order of KRW 1 million to a fine of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court on May 28, 2007; on October 12, 2007, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seog Branch Branch Branch Branch Branch Branch of the Daegu District Court on January 14, 2013; and on May 1, 2014, the Defendant was punished for a violation of the Road Traffic Act (driving) by a fine of KRW 6 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on July 1, 201.

On June 30, 2019, the Defendant, despite the power of violating the prohibition of drinking driving under the Road Traffic Act, driven B K7 cars under the influence of alcohol of about 0.173% in the 2km section from the roads adjacent to the Dondong-gu, Daegu Northern-ro 39-o, Daegu Northern-ro, to the roads adjacent to the 3rd Mandong-ro, Daegu-ro.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Report of investigation (verification of the same kind of suspect's power), application of one written judgment, application of summary order-order Acts and subordinate statutes; and

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship

- The high level of drinking water in this case and the records of being punished for the violation of the Road Traffic Act (driving) are four times, - the recognition and reflect of the crime, and the non-driving of drinking again.

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