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(영문) 대구지방법원 서부지원 2020.06.19 2019고단3022
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 5, 2010, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court’s smuggling support on January 5, 201, and on September 29, 2014, the Defendant issued a summary order of KRW 3 million as a fine for the same crime in the same court.

On October 22, 2019, at around 13:48, the Defendant driven an Epic vehicle while under the influence of alcohol of about 0.095% from the 1km section from the front of the Ccafeteria located in Daegu-gun B to D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal records, investigation reports, 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 (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall take into consideration all the circumstances that conditions for sentencing, such as the age, character and conduct, of the accused

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