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(영문) 대구지방법원 2020.02.19 2019고단6341
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 November 18, 2008, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court due to the violation of the Road Traffic Act.

On November 6, 2019, at around 22:06, the Defendant driven a FM3 car while under the influence of alcohol content of about 0.179% at the section of about 5 km from the Do in front of C in the Gu-si, Si-si, and from the front road of E, the Defendant driven a FM3 car in the state of alcohol alcohol concentration of about 0.179%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);

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. A person who has a record of punishment for drunk driving for reasons of sentencing under Article 62-2 of the Probation Criminal Act shall choose to be sentenced to imprisonment on the grounds that the punishment is not less exceptionally imposed in full when comprehensively considering the fact that the control standard and statutory punishment were significantly strengthened after the implementation of the current Road Traffic Act, and that traffic accidents were incurred while driving again after the implementation of the Road Traffic Act, and that the blood alcohol concentration level exceeds the revocation standard: Provided, That the execution of the punishment shall be postponed by taking into account the fact that there was no record of being discovered by drunk driving for more than 10 years, that there was no record of being punished by imprisonment without prison labor or heavier, that there was no record of being punished by imprisonment without prison labor or heavier, that the defendant's age, family environment, economic situation, etc., but it seems that the strict management and supervision of the probation officer for

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