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(영문) 대구지방법원 안동지원 2020.02.12 2019고단879
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 November 29, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Daegu District Court’s Ansan Branch.

【Criminal Facts】

On September 25, 2019, at around 22:41, the Defendant driven a motor vehicle D with low alcohol level of about 2.4 km from the Adong-si B to the 161 Sindong-dong, Song-dong, Song-dong, Song-dong, 161, in a state of alcohol alcohol level of about 0.147%.

Accordingly, the suspect violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. The actual condition survey report (including photographs);

1. Previous convictions in judgment: References to criminal records and investigation reports (A) and the application of Acts and subordinate 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed a second offense despite the history of punishment for drunk driving, the blood alcohol level was significantly high and the occurrence of a traffic accident due to drunk driving, etc., and the fact that it does not exceed the previous fine and the previous fine, and other favorable circumstances, such as the defendant's occupation, age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered in consideration of the overall circumstances.

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