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(영문) 대구지방법원서부지원 2020.10.21 2020고단1935
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

On March 26, 2012, the Defendant received a summary order of KRW 3,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch Branch.

At around 02:30 on May 21, 2020, the Defendant driven CM520 car from approximately 2 km to the Daegu Seo-gu, Seo-gu, Daegu-gu, in a state of under the influence of alcohol by 0.205% of alcohol concentration.

Accordingly, the defendant violated the Road Traffic Act that he shall not drive a motor vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to a summary order of the same type of crime);

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 reflect his/her mistake

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