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(영문) 대구지방법원김천지원 2020.11.26 2020고단999

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 15, 2012, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On June 11, 2020, at around 04:14, the Defendant driven an E rocketing car with the blood alcohol concentration of about 0.187% in the section of about 1km from the front of the Gu-si B to the D parking lot of the same city.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and investigation report on the results of crackdown on drinking drivers (F telephone conversations of a person who has reported 112);

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports, and Acts and subordinate statutes;

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;

1. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration of the defendant, the health condition of the defendant, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, the conditions of all the sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined the same as the order