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(영문) 대구지방법원 2019.09.19 2019고단3701
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 June 25, 2014, the Defendant was punished for a violation of the Road Traffic Act (driving) by receiving a summary order of a fine of one million won for a violation of the Road Traffic Act from the Daegu District Court Kimcheon-do branch on June 25, 2014.

【Criminal Facts】

Although the Defendant had a history of violating the provision prohibiting drinking driving under the Road Traffic Act, at around 01:30 on July 13, 2019, the Defendant driven a vehicle in the Eti-gu under the influence of alcohol at approximately 500 meters from the road front of the Daegu Water-gu D to the front of the Daegu Water-gu D, the Defendant driven a vehicle in the Eti-gu, while under the influence of alcohol at least 0.088%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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. 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 as ordered shall be determined by taking into consideration the various circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., which are favorable to the fact that there exists a record of punishment for drinking driving: The confession and reflectness, the fact that there is no record of punishment exceeding

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