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(영문) 대구지방법원 김천지원 2019.11.28 2019고단889
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 June 17, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on October 2, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime at least twice in the same court.

【Criminal Facts】

On July 30, 2019, at around 21:25, the Defendant driven a Cpoter II truck under the influence of alcohol with approximately approximately 1.6km from the 1067 Apolym distance to the floor of the Gopolym of the B complex from the 1.6km of the Apolym-si, Kimcheon-si.

Accordingly, the defendant, even though he had a record of driving under the influence of alcohol not less than twice, was driving the above cargo again while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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, an order to attend the course of sentencing under Article 62-2 of the Criminal Act, the defendant's same criminal records, alcohol concentration in the blood of 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 the following factors:

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