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(영문) 대구지방법원 2020.02.13 2019고단5250
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 March 12, 2009, the Defendant was issued a summary order of KRW 2 million by the Daegu District Court due to the crime of violation of the Road Traffic Act.

On September 23, 2019, at around 23:10, the Defendant driven an Esch Rexroth car in the state of alcohol alcohol concentration of about 0.083% from approximately 150 meters to the front of the D Center located in the same Gu C from the Daegu Northern-gu B apartment road to the front of the D Center in the same Gu C.

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 of summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 three times, - the recognition and reflect of the commission of the crime, and the further refusal to drive under the influence of alcohol;

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