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(영문) 대구지방법원김천지원 2020.11.11 2020고단428

도로교통법위반(음주운전)등

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

1. On August 26, 201, the Defendant was issued a summary order of KRW 1 million for a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in the branch court of the Daegu District Court.

On February 19, 2020, at around 08:15, the Defendant driven a D-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

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

2. On February 19, 2020, the Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the said car, operated the said car without mandatory insurance at the said place on February 19, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The automobile mandatory insurance policy;

1. Previouss before judgment: Criminal records, references to criminal records, and the application of Acts and subordinate statutes reporting prior to each disposition and reporting results of confirmation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act recognize the defendant's error, the defendant's blood alcohol concentration, driving distance, and the previous night night at the time of the crime of this case driving the vehicle to work at a morning, the defendant's status at the time of driving, and the criminal records of the defendant's punishment, etc. shall be determined as ordered by considering all of the sentencing conditions as shown in the records and arguments of this case.