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(영문) 대구지방법원 서부지원 2020.05.14 2019고단3509
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 October 12, 2010, the Defendant issued a summary order of KRW 2 million at the Daegu District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 4, 2019, at around 03:16, the Defendant driven a DNA car in a state of alcohol of about 0.142% of blood alcohol concentration at a section of approximately 13 km from the front of the Hop House to the front road of the Daegu Singu Seo-gu, Daegu Singu.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, inquiry into the vehicle, and register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving 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., Supreme Court Decision 2006Do1488, Apr. 2, 2008) (1) that the Defendant’s custody is likely to involve excessive difficulty for his family members, such as: (a) the Defendant’s recognition of the crime of this case and not re-offending; (b) there

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

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