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(영문) 대구지방법원 2019.11.21 2019고단5210
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

On March 10, 2008, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million to a fine in the same court on August 22, 2014.

On September 21, 2019, the Defendant, while under the influence of alcohol of 0.085% of blood alcohol content around 08:47, driven a Drocketing car at approximately 2 km from the Daegu Northern-gu, Daegu Northern-gu, to the Daegu Hospital Distance located in 200 as the same lurg City of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes, such as investigation report (verification of the same kind of power), Daegu District Court 2008 High Court Decision 3737, and summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The history of punishment for the violation of the Road Traffic Act (driving) is three times, - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again;

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