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(영문) 대구지방법원김천지원 2020.08.06 2020고단521

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 22, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-cheon Branch.

Nevertheless, at around 22:48 March 15, 2020, the Defendant driven an E rocketing car under the influence of alcohol content of approximately 0.118% in a section of approximately 9 km from the launch distance prior to the “C Burial” located in the Gyeong-si, Chungcheongnam-si, Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the front road of the Gyeong-si, North America Special Metropolitan City (Seoul Special Metropolitan City).

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and table of 112 reported cases;

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. 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