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(영문) 대구지방법원 서부지원 2020.01.16 2019고단2370
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

On March 12, 2012, the Defendant issued a summary order of KRW 500,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daegu District Court on March 12, 2012, and on October 27, 2017, as a penalty of KRW 5,50,000 for a violation of the Road Traffic Act (driving).

Criminal facts

On August 21, 2019, at around 22:30, the Defendant driven a vehicle of about 5 km from the front of Daegu-gun B apartment to the same slick-ro 2406 in the same military-based B apartment road to the slick-ro 2406, while under the influence of alcohol with a blood alcohol concentration of 0.263%.

Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs, a survey report on actual condition of a drinking driver, a report on the circumstantial statement, a report on the results of the control of drunk driving, a driver's license register, a car driving certificate, a vehicle comprehensive insurance certificate, a black-type video CD;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 (i., the fact that the defendant recognized the crime of this case and is expected not to repeat again, the fact that there is no criminal record subject to the punishment heavier than that subject to the suspended execution, and that the defendant's female-friendly Gu et al. want to take an active interest in preventing recidivism, and that social ties clearly seem to exist

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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