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(영문) 대구지방법원서부지원 2020.11.11 2020고단2568
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 became final and conclusive.

Reasons

Punishment of the crime

On March 11, 2011, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch, and on September 16, 2013, the Defendant issued a summary order of KRW 1,50,000 to a fine for the same crime at the same court on September 16, 2013, and on February 3, 2014, the same court issued a summary order of KRW 8 million to a fine for a violation of the Road Traffic Act (not after-accident) and a violation of the Road Traffic Act.

On June 3, 2020, at around 21:00, the Defendant: (a) driven C cargo vehicle while under the influence of alcohol of about 7km from around 88-3 to the front road of U.S. M. M. P. P. P. P. P., the Defendant violated the prohibition of drunk driving twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal 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 reflect his/her mistake

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