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(영문) 대구지방법원 서부지원 2020.04.20 2019고단3159
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 27, 2009, the Defendant issued a summary order of KRW 1,50,000,000 to a fine for a violation of the Road Traffic Act at the Daegu District Court, and the summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on December 23, 2009.

【Criminal Facts】

On November 7, 2019, at around 01:55, the Defendant driven a Fran vehicle under the influence of alcohol concentration of about 0.051% in the section of approximately 900 meters from the road located in Daegu Seo-gu B to the front of E in Daegu Seo-gu D.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

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 before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of summary orders);

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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