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(영문) 대구지방법원 서부지원 2020.05.20 2020고단169
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

[Criminal Power] On September 25, 2012, the Defendant violated the prohibition of drinking driving by being issued a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

【Criminal Facts】

On December 25, 2019, at around 03:20, the Defendant driven a vehicle Eolf 2.0% under the influence of alcohol concentration of approximately 0.081% from the section of approximately 200 meters from the 03:20th of Daegu Seo-gu B apartment road to the front of the D Park located in the same Gu C.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records before ruling: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (examination of the same kind of force);

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 on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in violation of his/

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