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(영문) 대구지방법원서부지원 2020.09.11 2020고단254
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On January 20, 2020, the Defendant was notified of a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on January 20, 202.

On January 8, 2020, the Defendant: (a) driven a Daco-sports car under the influence of alcohol concentration of about 0.073% at a section of about 800 meters from the front of a restaurant where the trade name in Daegu-gun B is unknown to the front of the same military road; and (b) violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The criminal defendant's legal statement, the circumstantial statement, the investigation report, the inquiry report about the results of the crackdown on drinking driving, and the application of Acts and subordinate statutes to the criminal investigation report (whether the criminal defendant's act constitutes a second offense of drinking driving);

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 suspension of execution (Consideration of the confession and reflect of the defendant, and the fact that there is no past record of criminal punishment exceeding the fine);

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