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(영문) 대구지방법원 서부지원 2020.04.27 2019고단3484
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

[criminal power] On March 23, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and on March 19, 2013, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On October 19, 2019, at around 13:10, the Defendant driven a DNA car with a blood alcohol concentration of about 0.145% while under the influence of alcohol from around 300 meters to the front road of the Daegu Seo-gu B, Daegu-gu to the front road of the same Gu C.

As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime 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 violation of his/

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