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(영문) 대구지방법원 2019.09.26 2019고단3667
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

On August 23, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Daegu District Court due to a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court as the same crime on August 19, 2013, respectively.

At around 23:00 on June 27, 2019, the Defendant driven a DNA car while under the influence of alcohol content of about 0.104% in a 1m section adjacent to the Daegu Suwon-gu B apartment Cdong road.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he/she had a record of violating the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes of one copy of an investigation report (verification of the same record as a suspect), Daegu District Court Decision 2006 High Court Decision 30499, summary order, Daegu District Court Decision 2013 High Court Decision 2013 High Court Decision 2013 High Court Decision 1761;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The recognition of the crime and its reflect on three occasions, which have been punished for the violation of the Road Traffic Act (driving)

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