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대구지방법원 서부지원 2019.05.23 2019고단434
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 18, 2015, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Daegu District Court on June 18, 2015, and on December 4, 2018, a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Daegu District Court on December 4, 2018, and has the record of being punished two times or more for a violation of the Road Traffic Act.

On January 26, 2019, around 05:48, the Defendant driven a D Sti-type car at a distance of approximately 700 meters from the 700m to the front road of Daegu Seo-gu C, Seogu, about 0.068% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, actual condition survey reports, circumstantial statements of a drinking driver, inquiry into the results of the crackdown on drinking driving, and making an inquiry into the enemy;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds that the defendant recognized the crime of this case; Article 62 (1) of the Criminal Act on the grounds that the defendant has no criminal record of a punishment heavier than the suspended execution; Article 62 (1) of the Family Act on the grounds that the defendant's family and family members, etc. are actively interested in preventing recidivism

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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