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(영문) 대구지방법원 서부지원 2020.07.22 2020고단356
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Seogu District Court's branch branch court on August 10, 2010, a fine of 2 million won for the same crime in the same court on August 28, 2013, and on December 15, 2017, to a suspended sentence of 1 year for the same crime in the same court.

Nevertheless, at around 15:25 on December 28, 2019, the Defendant driven a e-learning car under the influence of alcohol with approximately 300 meters alcohol concentration of 0.093% from the 300-meter section from the front of a cafeteria in the Daegu-gun Group B to the front of the D Elementary School in the same military C.

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: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;

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/

1. Social service order under Article 62-2 of the Criminal Act;

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