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(영문) 대구지방법원 서부지원 2020.05.21 2020고단63
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 December 30, 2009, the Defendant was issued a summary order of 2.5 million won by a Daegu District Court on the grounds of a violation of the Road Traffic Act (driving). On March 7, 2017, the Defendant was issued a summary order of 2 million won by a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 21, 2019, at around 16:45, the Defendant driven a Fsch Rexton car in the state of alcohol alcohol concentration of approximately 0.127% from the 5km section to the D apartment E-dong parking lot in Daegu-gu, Seogu, Daegu-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, on-site reports, reports on circumstantial statements of drivers, notification of the results of the control of drinking driving, survey report on actual condition, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

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 Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2007Do1488, Apr. 1, 2007)

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

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