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(영문) 대구지방법원 2019.10.31 2019고단4200
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 became final and conclusive.

Reasons

Punishment of the crime

On February 14, 2011, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Western Branch of the Daegu District Court on February 14, 201.

Although the Defendant had been in violation of the provision on the prohibition of drunk driving under the Road Traffic Act more than once, on July 26, 2019, at around 01:48, the Defendant driven Dworka car under the influence of alcohol concentration of about 0.125% in the section of about 4km from the front of the main point of mutual influence in the vicinity of the C Hospital located in Seogu Daegu-gu, Seo-gu, Daegu to the Han River-gu Han River-ro 6km and the spoke (Seoul).

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 the report of investigation;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence of suspended execution under Article 62(1) of the Criminal Act shall be the same as the sentence, comprehensively taking into account the following conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

- The fact that there are two occasions the history of punishment for the violation of the Road Traffic Act (driving) - the recognition and reflect of the crime, and the re-driving will not be conducted.

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