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(영문) 대구지방법원 김천지원 2019.11.26 2019고단1011

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act at the Daegu District Court on December 10, 2015, and was sentenced to a suspended sentence of 8 months for the same crime in the Daegu District Court Kimcheon on June 12, 2013, and was sentenced to a suspended sentence of 8 months for the same crime in the Daegu District Court Kimcheon on June 12,

On August 5, 2019, at around 23:45, the Defendant driven a F K3 car with approximately KRW 700 meters alcohol concentration 0.042% while under the influence of alcohol from the roads near the Gu and American Customer Center B to the roads front of the E-care center located in the same city D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. On-site reports (in cases of attaching on-site photographs), photographs related to drunk driving, on-site photographs, and receipts of restaurants;

1. Previous convictions in judgment: Application of criminal records, references to criminal records, investigation reports (verification of the same criminal records before this case) Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;

1. Scope of applicable sentences under law: Two to five years of imprisonment;

2. Application of the sentencing criteria: Not set;

3. In addition to the circumstances of the case under which the Defendant was under the influence of alcohol and was under the influence of driving, considering the fact that the Defendant had already been punished several times in the same kind of crime, and the Defendant did not commit the instant crime even though the suspension of the execution of imprisonment was included two times, and it appears that there was no urgent circumstance that the Defendant should have driven at the time, the risk of recommitting the Defendant is high.

(b).