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(영문) 대구지방법원 2020.08.20 2020고단2876
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 June 10, 2015, at the Daegu District Court issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act, and issued a summary order of KRW 7 million as a fine in the same court on August 24, 2018.

On May 29, 2020, at around 21:40, the Defendant driven a car with C Sti-type under the influence of alcohol concentration of about 0.137 percent at a section of about 30 meters in front of the said apartment house, from the parking lot in Daegu Suwon-gu B apartment to the front road of the said apartment house.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Acts and subordinate statutes of two copies of the inquiry report 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 reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to attend the course of education, are not to be somewhat weak, but to be against the defendant's disadvantage, such as the fact that the main contents are heavy, and the distance of driving is not clear, other favorable circumstances such as the defendant's age, character and behavior, environment, background of the crime, means and result of the crime, circumstances after the crime, family relationship, etc., and the various sentencing conditions in the trial process of this case such as the defendant's age, character and behavior, circumstances after

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