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(영문) 대구지방법원서부지원 2020.11.11 2020고단1942
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 1, 2007, the Defendant was sentenced to a summary order of KRW 2 million for the same crime from the vice branch of the Daegu District Court on December 23, 2013 to a fine of KRW 1.5 million for the same offense, and a fine of KRW 7 million for the same offense from the vice branch of the Daegu District Court on March 17, 2014 to the vice branch of the Daegu District Court on January 15, 201, and was sentenced to a suspended sentence of ten months for the same offense.

On June 5, 2020, at around 02:40, the Defendant driven an Eststren vehicle while under the influence of alcohol content of about 0.150% in approximately 50 meters from the 50-meter section to the front road located in the Daegu Seo-gu BNA, Seogu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (reports accompanied by summary orders, etc.);

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 reflect his/her mistake

1. Social service order under Article 62-2 of the Criminal Act;

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