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(영문) 대구지방법원 서부지원 2020.06.09 2019고단3454
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 5, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Seo branch on October 2, 2008 to a fine of KRW 1,50,000,000 for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Seo Branch Branch on April 27, 2009, 1,50,000 won for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Seo Branch Branch on April 27, 2009, and violated the provisions on prohibition of drinking driving by being sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seog Branch on October 26, 2015.

【Criminal Facts】

On November 13, 2019, at around 00:50, the Defendant driven a B-to-purd motor vehicle with approximately KRW 1km in the section of about 0.076% of blood alcohol level from the 1km to the front road of the exit 4, 00:55, in which it is impossible to identify the trade name near the big station located in the Daegu-si Seoul Special Metropolitan City, Daegu-gun, the Defendant driven a B-to-purd motor vehicle with the influence of alcohol level of approximately 0.076% from the front road of the exit 4,00.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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 suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant recognized the crime of this case and is expected not to repeat again, and that detention of the defendant seems to entail excessive difficulty to his/her family members, such as support by two children who are currently his/her spouse, etc.; and that there is no criminal record of a heavier punishment than a fine imposed on the

1. Order to attend lectures under the Criminal Act;

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