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(영문) 대구지방법원 2020.02.11 2019고단6637
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 October 9, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Seogu District Court’s Seo branch branch on October 9, 2012, and was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) in the same support on June 2, 2017.

On December 1, 2019, at around 07:45, the Defendant driven B Poter Cargo Vehicles while under the influence of alcohol content of 0.093% from the parking lot in the vicinity of the Daegu Suwon-gu, Daegu-gu to the Pool-dong in the same Gu to the Poter-ro road in the same Gu.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, probationary records, reporting on the results of confirmation of the previous dispositions (type 2012-type 240755 of the Daegu Western District Office), summary order (type 2012-type 24075 of the Daegu District Office), reporting on the results of confirmation of the previous dispositions (type 1485 of the Daegu District Office), reporting on the results of confirmation of the previous dispositions (type 2017-type 1485 of the Daegu District Office), and summary order under the Acts and subordinate statutes of Daegu Western support 20

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of the various circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, etc., as well as the circumstances shown in the pleadings of this case, which are favorable to the fact that there have been several times of punishment for the same kind of crime: confessions and reflects; there

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