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(영문) 대구지방법원 김천지원 2020.01.29 2019고단1337
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

The Defendant was sentenced to a summary order of KRW 1,00,000 for a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving) on April 5, 2007, and a fine of KRW 3,00,000 for a violation of the Road Traffic Act on April 11, 2009, respectively. On July 16, 2009, the Defendant was sentenced to a fine of KRW 1,50,00 for a violation of the Road Traffic Act (driving) on September 12, 2019. However, around 04:42, around September 12, 2019, the Defendant driven from approximately 2km to the front road of the Kimcheon-si B Apartment apartment at approximately 0,00,000 for alcohol alcohol level of KRW 0.152% for alcohol alcohol level from the section of approximately 2km to the front road in C.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment (the degree of previous crimes of the same kind and the taking into consideration);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (It shall be considered that there was no previous conviction in the preceding ten years);

1. The main sentence of Article 62 (1) of the Criminal Act (Consideration of discretionary mitigation and social ties, etc. such as family relations);

1. Article 62-2 (1) of the Criminal Act concerning community service or education;

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