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(영문) 대구지방법원 2019.08.22 2019고단2941
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 April 20, 2009, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Western Branch Branch of the Daegu District Court on April 20, 2009, and the same year.

5. The same year after being issued a summary order of KRW 1.5 million at the Daegu District Court on June 24, 2016 due to a violation of the Road Traffic Act.

7.7. It is a final person.

On May 6, 2019, at around 0.084, the Defendant driven approximately 5 km from the front of the restaurant in which the trade name in the B rocketing-U.S.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.-U.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

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; Act No. 16037, Jun. 25, 2019);

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

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 sentence shall be determined as ordered, taking into consideration the various circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., which are favorable to the fact that there have been several times of punishment for the same kind of crime: The confession and reflect, and

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