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(영문) 대구지방법원 서부지원 2020.05.12 2019고단3306
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 February 17, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Seogu District Court Branch of Seogu District Court on February 17, 201.

【Criminal Facts】

On October 4, 2019, at around 23:00, the Defendant driven a DNA car with approximately 3km alcohol concentration of about 0.218% in the section of about 3km from the front of the Seogu-gu, Daegu to the front of the sanitary treatment place located in Seocheon-ro 2 of the same month.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the same criminal records), and application of summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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) that the defendant recognized the crime of this case; Article 62 (1) of the Criminal Act on the grounds that the defendant has no record of committing a crime subject to a punishment heavier than the suspended execution; and Article 62 (1) of the Criminal Act on the grounds that the defendant's friendship seems clear

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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