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(영문) 대구지방법원 서부지원 2019.10.24 2019고단854
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] On March 15, 2016, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on March 15, 2016, and a summary order of KRW 3 million for the same crime at the same court on October 24, 2016, respectively.

【Criminal Facts】

On March 17, 2019, at around 09:20, the Defendant driven a seeable vehicle B while under the influence of alcohol with approximately KRW 3 km alcohol concentration of approximately 0.072% on the front road of the Eastern Tolol, which is located in the Dolle of the same military, in the Dolle of the Dolle, the Dolle of the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on arresting a person in violation of the Road Traffic Act, reporting on the arrest and statement of the driver, situation, and statement of the results of the drinking control;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of a summary order of a suspect-related case), and application of Acts and subordinate statutes governing summary orders of related cases;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, while having been punished twice due to drunk driving, was engaged in driving under the influence of alcohol, is disadvantageous.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.

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