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(영문) 대구지방법원 2019.09.05 2019고단3178
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 June 29, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Seogu District Court's branch branch on June 29, 2012, and on March 8, 2016, the Defendant was sentenced to a summary order of KRW 5 million for the same crime from the same support to each summary order of KRW 5 million for the same crime on at least two occasions.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than twice, on June 6, 2019, at around 21:10, the Defendant driven an Estststy drive in the state of alcohol with approximately 00 meters from the 200-meter section to the front road of the Daegu D Building, Daegu D, while under the influence of alcohol by 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of the investigation report (verification of the same kind of suspect's power), the summary order four copies, and the list of related cases under Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship

- Up to five times the history of punishment for the violation of the Road Traffic Act (driving), - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again

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