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(영문) 대구지방법원서부지원 2020.11.19 2020고단1937
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 February 13, 2008, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act at the Daegu District Court on February 13, 2008, and a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Seogu District Court's Branch Branch on July 7, 2015.

【Criminal Facts】

On May 16, 2020, at around 00:03, the Defendant driven an E-burged vehicle under the influence of alcohol concentration of about 0.5 km from the front of the C cafeteria located in the Daegu Seo-gu, Daegu to the front of the D Dog-gu, Daegu Seo-gu.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Photographss of accident scene, reports on the circumstantial statements of a drinking driver, inquiry into the results of the control of drinking driving, the register of driver's licenses for motor vehicles, and making an inquiry into the vehicle;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation status (verification of sound driving 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 (see, e.g., Article 62 (1) of the suspended sentence (see, e., Article 62 (1) that the defendant recognized the crime of this case and is expected not to repeat again; Article 62 (1) of the Criminal Act has no record of criminal punishment heavier than the fine until the end of 2006; Article 62 (1) of the same Act; Article 62 (1) of the same Act provides that the defendant's child and

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

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