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(영문) 대구지방법원김천지원 2020.10.28 2020고단756

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.


Punishment of the crime

[Criminal Power] On January 9, 2014, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 7, 2020, at around 20:50, the Defendant driven an E-high-speed car with approximately 2 Km alcohol concentration of about 0.114% in the section of about 2 Km from the parking lot of the Gu-si, Si-si, Seoul to the front road of the D Association in the same city C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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 suspect's records of drinking driving);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the defendant's blood alcohol concentration, driving distance, the defendant's circumstances leading to driving at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all the sentencing conditions specified in the records and arguments, including the defendant's punishment records, shall be determined as ordered.