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(영문) 대구지방법원 서부지원 2020.01.22 2019고단2556
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 November 9, 2016, the defendant was issued a summary order of KRW 1.5 million by the Daegu District Court due to a violation of the Road Traffic Act.

On August 31, 2019, at around 08:40, the Defendant driven a Dbenz car in the state of alcohol with approximately 6km alcohol concentration of about 0.117% from the 6km section to the front road of the Daegu-gu B apartment Cdong, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes one copy of a summary order;

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: The punishment shall be determined as ordered by considering all the circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which form the conditions for sentencing as shown in the argument of this case, such as the fact that the person was sentenced twice to a fine due to drinking driving, the fact that drinking water is high: confession and reflectd, and there is no record of punishment exceeding the fine;

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