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(영문) 대구지방법원 서부지원 2020.03.31 2019고단2811
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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2016, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on August 8, 2013.

On September 19, 2019, at around 02:50, the Defendant driven C rocketing car with a blood alcohol concentration of about 0.157% under the influence of alcohol from around the 10km section from the front of a cafeteria, which is located in the Seogu Seog-gu Incheon Metropolitan City, to the front road of the same Si-gun B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;

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 (see, e.g., Article 62 (1) that the defendant recognizes the crime of this case; Article 62 (1) of the Criminal Act provides that the defendant has no record of committing a crime subject to the punishment heavier than the suspended sentence; and that the spouse, etc. of the defendant wishes to take a look at the defendant's active interest in preventing recidivism; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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