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(영문) 대구지방법원 김천지원 2019.11.21 2019고단1036
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 24, 2013, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On July 7, 2019, at around 03:01, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of about 50 meters from a section of approximately 50 meters to the front of a restaurant located in D, from a section of approximately 0.079 meters to the road in front of the restaurant located in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Investigation report (Attachment to a detailed statement of handling cases reported 112), investigation report (to be directed by a prosecutor);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes 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. 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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