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(영문) 대구지방법원김천지원 2020.10.22 2020고단819
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 July 10, 2018, the Defendant received a summary order of KRW 4 million for a fine for a violation of the Road Traffic Act from the Daegu District Court.

【Criminal Facts】

On May 13, 2020, at around 21:37, the Defendant driven a F K7 car under the influence of alcohol with a distance of about 10 meters from the front of the Cju store located in Nowon-si, Seoul, and the front of the E Convenience store located in D in the same city to the road in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

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, repeated statements and investigation reports (report on the confirmation of the same criminal records) 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

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