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(영문) 대구지방법원 김천지원 2020.02.18 2019고단1614
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 30, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Daegu District Court Kimcheon branch on April 30, 2010, and was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on April 8, 2016.

【Criminal Facts】

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a vehicle B Ecoos car.

On September 16, 2019, at around 02:30, the Defendant was under the influence of alcohol of 0.093% in the blood alcohol level on the front of the KBS street 274-13, Si-Ssi, Si-si, Si-si, and was under the left at the right-hand left-hand turn on the left-hand turn-hand turn at the location of the bus terminal located in the city bus terminal, while the Defendant was under the influence of the above EBS car at the right-hand turn on the left-hand turn on the left-hand turn-hand turn-hand turn on the part of the victim C driver’s DK5 vehicle driven in the direction of the Defendant’s driving.

Although the Defendant did not immediately stop the said K5 vehicle, the Defendant did not take necessary measures, such as immediately stopping, even though he damaged the property to bring KRW 655,541 of the repair cost.

2. On the date and time set forth in Paragraph 1, the Defendant driven the said Ecoo vehicle under the influence of alcohol concentration of 0.093% from the F parking lot in the Gu and Si to the H in the Gu and Si roads from the Gu to the H in the Gu and Si roads.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. On-site photographs, reports on the results of the control of drinking driving, survey report on actual condition, and estimates;

1. Previous convictions in judgment: Criminal records, inquiry reports (A), investigation reports (Attachment of a summary order of the same kind as a suspect), and application of two-class Acts and subordinate statutes of two copies of the summary order;

1. Relevant Article of the Act on the Crime, Articles 148, 54(1) of the Road Traffic Act that applies to the choice of punishment, and Articles 148-2(1) and 44 of the Road Traffic Act.

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