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(영문) 대구지방법원 서부지원 2020.06.17 2020고단367
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 April 21, 2011, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine at the Daegu District Court on February 6, 2014.

On January 20, 2020, at around 14:17, the Defendant driven a DM5 vehicle while under the influence of alcohol content of about 0.079% at a section of about 500 meters from the 500-meter radius to the roads in front of the cafeteria in the Chang-si, Daegu-gun, Seoul, to the roads in front of the cafeteria located in B.

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 of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

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/

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