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(영문) 대구지방법원김천지원 2020.12.17 2020고단1108
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 May 21, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On June 17, 2020, at around 17:05, the Defendant driven the E-wing three cargo vehicles under the influence of alcohol concentration of about 0.224% from the section of approximately 1.5km from the front of the road in the Gyeongcheon-si Kimcheon-si B to the front of the D apartment in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking drivers, and written request for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abscence of judgment, etc.) and statutes;

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 and community service order, orders to attend education, 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 this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account

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