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(영문) 대구지방법원 2019.06.27 2019고단2361
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 January 3, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court on January 3, 201, the summary order of KRW 1.5 million for the same crime in the same court on January 9, 2013, the summary order of KRW 1.5 million for the same crime was issued in the same court on February 11, 2014, and the summary order of KRW 5 million for the same crime was issued in the same court on July 23, 2015.

On April 29, 2019, at around 20:20, the Defendant driven a NAS car under the influence of alcohol with approximately 150 meters alcohol concentration of about 0.139% from the 150-meter section of the 150-meter radius from the roads in front of the Gyeongglbuk-gun, Gyeongldong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- - The history of punishment for the violation of the Road Traffic Act (driving) is four times, - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again;

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