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(영문) 대구지방법원 2019.10.24 2019고단4632
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

[criminal power] On August 4, 2004, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, and on September 3, 2015, a summary order of KRW 5 million for a fine of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court racing support.

【Criminal Facts】

On August 16, 2019, at around 02:35, the Defendant driven a B Eccoo motor vehicle under the influence of alcohol concentration of 0.139% in blood alcohol level from the front side of the Geumdong-gu Geumdong-gu Geumdong-gu to the front side of the Nam-gu 22-ro, Nam-gu, Seoul-gu, to the front side of the Nam-gu, Seoul-gu, 277, 277, and 279.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Criminal records, references to each disposition, and the application of Acts and subordinate statutes reporting the results of confirmation;

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A relatively high degree of blood alcohol level, conditions favorable to the fact that there have been several times of punishment for the same kind of crime: The defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances shown in the pleadings of this case, such as the circumstances shown in the pleading of this case, shall be determined as ordered, taking into consideration the following factors:

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