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(영문) 대구지방법원 서부지원 2020.04.27 2019고단3403
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 18, 2018, the Defendant violated the prohibition of drinking driving by being issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court on April 18, 2018.

【Criminal Facts】

On October 17, 2019, at around 06:00, the Defendant driven a Cpoter 2 cargo under the influence of alcohol content of about 50km from around 06:33 on the front of the Daegu Seo-gu building B, Daegu to the front day of the 06:33 on the same day.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

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 convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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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