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(영문) 대구지방법원김천지원 2020.10.22 2020고단827
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 September 1, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On May 17, 2020, at around 15:25, the Defendant driven a DNA-learning car with approximately KRW 70 meters alcohol concentration of 0.083% in a section of about 70 meters from the Kimcheon-si Btel parking lot to the 2nd floor parking lot of the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same criminal records and a summary order;

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. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration of the defendant in the instant case, and the age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all the sentencing shown in the pleadings of the instant case, such as the circumstances after the crime, etc., the sentence like the order shall be determined

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