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(영문) 대구지방법원 김천지원 2020.03.31 2019고단1600
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 22, 2017, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) at the Daegu District Court.

【Criminal Facts】

On October 26, 2019, at around 04:30, the Defendant: (a) driven an Ebluri vehicle under the influence of alcohol content 0.221% in a section of about 50 meters up to the road in front of the D Building, starting from the road front of the C convenience store located in Gumisi B, and driving the Ebluri vehicle under the influence of alcohol content.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, photographs related to the traffic accident, and actual condition investigation report;

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: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other Acts and subordinate 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, community service order, order to attend a lecture, 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 the instant case, and other conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined

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