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(영문) 대구지방법원서부지원 2020.11.26 2020고단2095
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

[Criminal Power] On May 30, 2018, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the Daegu District Prosecutors' Office on the grounds of the violation of the Road Traffic Act. On August 9, 2019, the Daegu District Court issued a summary order of a fine not exceeding two million won for the violation of the Road Traffic Act.

【Criminal Facts】

On May 31, 2020, at around 2:20, the Defendant driven Cchier car under the influence of alcohol with approximately 14 km alcohol concentration of about 0.108% from the 14km section from the front side of the Seogu Office of Daegu to the Tchier distance of about 69, Daegu-gun, 47-gilo-ro.

Therefore, although the defendant had a record of punishment for drunk driving, he also driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

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 Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) that the defendant recognized the crime of this case and is expected not to repeat again; there exists no record of punishment exceeding the fine imposed on the defendant; and Article 62 (1) of the Criminal Act on the grounds that his family and work family members and family members are able to take an active interest in preventing

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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