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(영문) 대구지방법원 서부지원 2020.02.06 2019고단2440
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 31, 2017, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (refluence of measurement) at the Seogu District Court Branch Branch of Seogu District Court.

【Criminal Facts】

On August 31, 2019, at around 23:00, the Defendant driven CM5 car while under the influence of alcohol of about 0.105 percent of alcohol concentration at a section of about 500 meters from 23:0 on the side of the Daegu Seo-gu B, Daegu to B Y.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs of the accident site, actual situation survey report, results of the drinking driving control report, circumstantial statement of a drinking driver, vehicle inquiry, vehicle driving license register, CD;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanying a summary order);

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 Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1148, Jun. 1, 2008) (see, 2008Da1448, Jun. 2, 2008)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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