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(영문) 대구지방법원 서부지원 2019.10.15 2019고단1255
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 14, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act by a Daegu District Court on October 14, 2012. On June 23, 2017, the Defendant was sentenced to a summary order of four million won for a violation of the Road Traffic Act by a fine of four million won or more for a violation of the Road Traffic Act in the Seogu District Court's branch court on June 23, 2017.

On May 6, 2019, at around 02:45, the Defendant driven a motor vehicle in the E Spact area from the front of the C cafeteria located in Seo-gu, Daegu to the front road of the same Gu to approximately 50 meters of blood alcohol concentration of about 0.192%, while under the influence of alcohol concentration of about 0.192%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of the driver, notification of the results of the regulation of the driving of the driver, the next inquiry, and investigation report (number 10, 11);

1. Previous convictions in judgment: Criminal records, investigation reports (previous and confirmation), summary order, application of statutes governing judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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 (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the Criminal Act on the grounds that the defendant recognized the crime of this case, the defendant waitings for an acting engineer in the vehicle, and is moving the vehicle directly by the defendant while driving the vehicle in the course of paying the vision expenses,

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