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(영문) 대구지방법원 김천지원 2019.11.28 2019고단1160

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 October 30, 2017, 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 August 28, 2019, at around 19:10, the Defendant driven an electric scooters with no number plate in a state of 0.088% under the influence of alcohol concentration from a section of about 20 meters to C schools in the vicinity of the Gumi-si (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. Reports on the occurrence of a traffic accident and site photographs;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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, alcohol concentration in the blood of this case, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, and all the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the crime, the punishment as ordered shall be determined.