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(영문) 대구지방법원 2020.10.22 2020고단4389
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 July 11, 2020, at around 21:52, the Defendant driven a sports cargo vehicle in the Republic of Korea, while under the influence of alcohol alcohol concentration of about 0.217%, from the section of about 3 km from the roads in Daegu Dong-gu B to the roads in front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, such as a report on the circumstantial statement of a drinking driver, the inquiry into the results of the drinking driving control (blood collection), the request for appraisal of the concentration of blood alcohol, the inquiry into the results of appraisal, and the application of written appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: a drunk driving requires a punishment equivalent to the punishment for the crime that may cause serious damage to the life, body and property of others; a defendant has been punished several times due to a drunk driving (two times a fine, one time a suspended sentence), and a multiple-time drunk driving has been conducted despite the records of punishment (one time a suspended sentence), the blood alcohol concentration at the time was considerably high; a circumstance favorable to the occurrence of traffic accidents has been recognized by the defendant and the mistake is against the defendant; a drunk driving force was 16 years prior to 16 years prior to the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.; and a sentence shall be determined as ordered by the order, comprehensively taking into account the sentencing conditions as shown in the records and arguments of this case, such as

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