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(영문) 대구지방법원 2019.09.19 2019고단1556
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

On April 4, 2014, the Defendant has been punished twice for the violation of the Road Traffic Act (driving) by receiving a summary order of KRW 3 million for the violation of the Road Traffic Act from the Daegu District Court, and on June 12, 2015, receiving a summary order of KRW 4 million for the same crime from the same court.

Although the Defendant had been able to violate the provision prohibiting drunk driving under the Road Traffic Act more than twice, on March 12, 2019, at around 03:45, the Defendant driven a f-hurd motor vehicle under the influence of alcohol with approximately 0.083% of alcohol level 0.083% in a section of about 500 meters from the front of the road located in the Daegu Northernbuk-gu B, Daegu Northern-gu, Seoul to the front of the road located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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