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(영문) 대구지방법원서부지원 2020.09.07 2020고단1210
도로교통법위반(음주운전)
Text

Defendant

A The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 9, 2020, at around 20:12, Defendant A driven the above cargo vehicle under the influence of alcohol content 0.217% while under the influence of alcohol with the key of Fpoter II 1 ton from around 500 meters from the front road located in Daegu Seo-gu, Daegu to the front road of the same city E.

2. On February 9, 2020, the Defendant: (a) even though he was aware that the said A had a drunk driving on the front road located in Daegu-gu Seo-gu, Daegu-gu, the Defendant: (b) allowed the operation of the Fpoter II 1 ton cargo vehicle that the Defendant was running; (c) assisted A to drive under the influence of alcohol, by facilitating A to drive under the influence of alcohol as stated in the foregoing paragraph (1).

Summary of Evidence

1. Each police interrogation protocol against the Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Articles 148-2(3)1 and 44(1) of the Road Traffic Act, Defendant A’s choice of imprisonment

B. Articles 148-2(3)1 and 44(1) of the Road Traffic Act, Article 32 of the Criminal Act, selection of fines

1. Defendant B: Articles 32(2) and 55(1)6 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 and 6 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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