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(영문) 대구지방법원 김천지원 2020.06.25 2020고단385
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] The Defendant was issued a summary order of KRW 1 million in the Daegu District Court Kimcheon on December 30, 2014 by committing a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On March 5, 2020, at around 04:05, the Defendant driven a FMobbing car in the state of alcohol 0.088% alcohol concentration at approximately 150 meters from the front of the C cafeteria located in Gumi-si B to the front of the E cafeteria located in the same city.

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, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, in full view of the criminal records of the defendant, the same criminal records of the defendant, the blood alcohol concentration of the defendant in this case, and the age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all kinds of sentencing as shown in the pleadings of this case, such as the circumstances after the crime, etc.,

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