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(영문) 대구지방법원 서부지원 2020.04.20 2019고단3105
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 became final and conclusive.

Reasons

Punishment of the crime

On June 12, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Seo-gu District Court Branch of the Daegu District Court on June 12, 2009, and a summary order of KRW 2,50,000 as a fine in the same court on June 22, 201.

Criminal facts

On September 24, 2019, at around 21:18, the Defendant: (a) driven an Eststren vehicle with a blood alcohol concentration of about 1km from the front of the C cafeteria located in Daegu-gun D, to the front of the Daegu-gun D, and violated Article 44(1) of the Road Traffic Act at least twice, while under the influence of alcohol with a blood alcohol concentration of about 0.101%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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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