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(영문) 대구지방법원 김천지원 2020.03.31 2019고단1572
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 August 28, 2009, the Defendant was issued a summary order of a fine of three million won at the Seoul Western District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 2, 2019, around 05:50 on November 2, 2019, the Defendant driven a FM5 vehicle while under the influence of alcohol concentration of about 0.094% at approximately 300 meters from the 300-meter section around the Ccafeteria located in the Gu-U.S. Si, to the front day of the Euniversity located in Gu-U.S. D.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, on-site investigation and report on actual condition investigation;

1. Investigation report on the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, report on internal investigation (with respect to the time of occurrence of a traffic accident), investigation report (with respect to the final date of suspect's report), and investigation report (with respect to the formal application of the blood alcohol concentration mark of a suspect);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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, community service order, order to attend a lecture, 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 the instant case, and other conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined

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