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(영문) 대구지방법원 김천지원 2020.01.29 2019고단1370
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

On April 25, 2017, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch.

On September 23, 2019, around 02:27, the Defendant driven a vehicle E i30-car while under the influence of alcohol leveling 0.189% from the 3km section of the Gu-Si apartment to D in the front of Gu-Si, Gu-Si, Gu-si.

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on the grounds of sentencing of Article 62-2(1) of the Order to provide community service and attend lectures is the second drinking driving and blood alcohol concentration is very high, but there are no criminal records other than fines on one occasion, and there is no history of traffic offense or traffic accident (in the event of the accident at the time of the instant driving, the driver of the other vehicle who violated the signal by the intersection has a large degree of negligence), the fact that the traffic offense or traffic accident

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