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(영문) 대구지방법원 서부지원 2019.11.28 2019고단2033
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 September 20, 2006, the Defendant issued, at the Daegu District Court, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving). On December 23, 2009, a summary order of KRW 1,500,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Seog Branch Branch Branch of the Daegu District Court, and on April 21, 201, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) was issued.

【Criminal Facts】

On July 21, 2019, at around 20:26, the Defendant driven a Cpoter-II truck under the influence of alcohol content 0.088% from the 3km section to the 3km road in front of the Defendant’s house located in Seongbuk-gun, Gyeongyang-gun, Gyeongyang-gun, Gyeongyang-gun, Gyeongyang-gun, Gyeongyang-gun, Gyeongyang-gun, in a state of alcohol alcohol content 0.08%.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

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 (see, e.g., Article 62 (1) of the Criminal Act (see, e., that the defendant recognized the crime of this case and does not repeat again, and that there is no criminal record

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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