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(영문) 대구지방법원서부지원 2020.09.18 2019고단3606
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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

On February 12, 2008, the Defendant violated the prohibition of drinking driving by receiving a summary order of KRW 3.5 million from the Busan District Court on September 22, 201 due to the crime of violation of the Road Traffic Act (refluence of measurement of drinking), etc.

On November 9, 2019, at around 02:00, the Defendant driven a vehicle EG70 in the state of alcohol with approximately 3 km alcohol concentration of about 0.180% from the road front of the new branch of the CF in Daegu-gu, Daegu-gu, to the front road of the same day from around 02:06 on the same day.

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. Application of Acts and subordinate statutes, such as notification of the results of the defendant's statutory statement control of drunk driving, criminal records of his/her oral statement, criminal records of his/her oral statement, investigation reports (examination of criminal records of the same kind of

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 (Consideration of the fact that the defendant is led to confession and reflects, the fact that there is no record of criminal punishment exceeding the fine, and that there is a family member to support such as a young child);

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