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(영문) 대구지방법원김천지원 2020.10.21 2020고단671

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

On December 15, 2017, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch.

Nevertheless, at around 02:07 on May 4, 2020, the Defendant driven a horse bried car in the state of alcohol with approximately KRW 7km alcohol concentration of 0.146% from the section of approximately 7km from the front of the Man-dong road in the Yellow-si, Chungcheongnam-si, Seoul Special Metropolitan City to the flow wave distance in the same city.

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, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the defendant's blood alcohol concentration, driving distance, the defendant's circumstances leading to driving at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all the sentencing conditions specified in the records and arguments, including the defendant's punishment records, shall be determined as ordered.