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(영문) 대구지방법원 2020.01.21 2019고단6329
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

[Criminal Power] On January 14, 2009, the Defendant was issued a summary order of a fine of one million won in the Daegu District Court's Yeongdeungpo Branch on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than once, on November 11, 2019, at around 19:12, the Defendant driven the E-Poter Ⅱ in the state of alcohol alcohol concentration of approximately 0.204% from the section of about 20km from the front of the 20km-si B market to the front road in Yongcheon-si, Youngcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The degree of blood alcohol level is high, circumstances favorable to the fact that there have been several years of punishment for the same kind of crime: confession and reflect; the last nine years of punishment power; and the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances shown in the arguments of this case, such as the circumstances shown in the arguments of this case, shall be determined as ordered, taking into consideration;

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