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(영문) 대구지방법원 서부지원 2020.06.03 2020고단222
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 22, 2007, the Defendant was issued a summary order of a fine of one million won by the Daegu District Court for a violation of the Road Traffic Act.

【Criminal Facts】 On December 25, 2019, at around 00:21, the Defendant driven CMW car at approximately 10km from the front of a restaurant in the trade name of Jung-gu, Daegu-dong, instead of Daegu-dong, to the front of the Daegu North-gu, Daegu-gu, the Defendant driven CMW car at approximately 10km.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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 (examination of the same type of crime 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 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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