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(영문) 대구지방법원김천지원 2020.10.15 2020고단809

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

On October 2, 2007, the Defendant was issued a summary order of two million won or more for the violation of the Road Traffic Act (driving) in the Western Branch Branch of the Daegu District Court on October 2, 2007, and on March 22, 2016, a summary order of 1.5 million won or more for the same crime was issued in the Daegu District Court Kimcheon Branch.

On April 25, 2020, at around 23:28, the Defendant driven a two-wheeled vehicle CW125 in a section of about 1k alcohol concentration at about 0.13% from the front of the building B in the Gyeong-dong, Tae-dong State Forest Administration (U.S.) to the front of the same Si-dong State Forest Administration (U.S.).

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report and photographs;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) 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. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account