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(영문) 대구지방법원김천지원 2020.10.28 2020고단752
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 September 12, 2007, the Defendant issued a summary order of KRW 300,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on the same support on April 28, 2008, a summary order of KRW 1.5 million for a fine of violating the Road Traffic Act, and a person who received a summary order of KRW 3.5 million for a violation of the Road Traffic Act from the same support on July 12, 2012 to the same support on July 12, 2012.

【Criminal Facts】

At around 19:00 on January 18, 2020, the Defendant driven a FK 3 vehicle while under the influence of alcohol 0.165% in a approximately 500m section from around C cafeteria located in Gu, Si, Gu, Si, Gu, and Gu, to the Eck distance located in 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. Report on the statement of the state of drinking drivers, 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;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 for probation and order to attend the course of education are recognized to be erroneous by the defendant, elderly people, and the defendant's blood alcohol density, driving distance, driving distance, circumstances in which the defendant got driving at the time of the crime of this case, the status of the defendant at the time of driving, and the record of punishment of the defendant, and all the conditions of sentencing as shown in the records

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