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(영문) 대구지방법원 2019.09.19 2019고단3638
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

[criminal power] On March 27, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court on March 27, 201, and was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Daegu District Court on November 29, 2007.

【Criminal Facts】

Although the Defendant had a history of violating the provision prohibiting a drunk driving under the Road Traffic Act, at around 01:35 on July 13, 2019, the Defendant driven a e-car under the influence of alcohol at approximately 50 meters from the 50-meter section of alcohol level to the roads in Daegu Dong-gu, Daegu Dong-gu, to the roads in front of the D frequency Do-gu, Daegu Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. The suspect driver’s closure screen;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment as ordered shall be determined by taking into account the following various circumstances as shown in the arguments of this case, including the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc., which have already been punished several times, including the suspension of the execution of imprisonment due to drinking driving, which are favorable to the fact that blood alcohol level has high: The confession and reflects: The period of the last punishment has exceeded seven years;

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