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(영문) 대구지방법원김천지원 2020.10.29 2020고단897
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 March 14, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on April 11, 2017, the Defendant was issued a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

At around 23:30 on May 28, 2020, the Defendant driven an E rocketing car under the influence of alcohol concentration of approximately 0.181% from the section of about 1km from the front of the “C cafeteria” building in the Gumi-si B to the front of the Gumi-si D.

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. A report on the occurrence of a traffic accident, an accident site photograph, an actual condition survey report, and on-site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (report on confirmation of the same kind of suspect records);

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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