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(영문) 대구지방법원 서부지원 2020.01.10 2019고단2029
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

On March 3, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch Branch, and on February 22, 2011, issued a summary order of KRW 2,50,000 as a fine for the same crime by the same court, and on October 1, 2013, issued a summary order of KRW 7,00,000 as a fine for the same crime by the same court.

On July 25, 2019, at around 22:20, the Defendant driven a vehicle EK9, while under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.110% from the 200m section from the front road of Daegu Seo-gu to the front road of the D apartment of Daegu Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, the report on the state of drinking drivers, and the inquiry into the results of the crackdown on drinking driving;

1. Previous Records: A statement of criminal records, a copy of the summary order [part of the evidence list] is a clerical error in the " copy of the summary order" stated in the "net No. 14" in the evidence list, and thus correction is made.

Application of Statutes

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's reason for sentencing under Article 62(1) of the Criminal Act, such as recognizing his or her mistake and not re-offending, is favorable to

On the other hand, even though the Defendant was able to have a drinking driving force, the Defendant repeated the drinking driving of this case, and the fact that drinking alcohol is high is disadvantageous to the Defendant.

In addition, all other circumstances, such as the danger of drinking driving and the necessity for strengthening of punishment therefor, driving distance, background of crimes, circumstances after crimes, criminal records, prosecutor's life (two years of imprisonment) shall be determined as ordered.

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