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(영문) 대구지방법원김천지원 2020.12.09 2020고단891
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 October 22, 2010, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch.

Nevertheless, at around 22:00 on May 14, 2020, the Defendant started from the road of the “C” located in the Sinbuk-si, Chungcheongnam-si B, and driven Eystex-si under the influence of alcohol concentration of approximately 7km from the section of approximately 0.207% until the same Sinsi-si road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, 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 provisions of the Act on Criminal facts and Articles 148-2 (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. The grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service, or order to attend lectures are recognized to be erroneous by the defendant. The sentencing conditions specified in the records and arguments of this case, including the blood alcohol concentration of the defendant at the time of the crime in this case, driving distance, circumstances in which the defendant was driving, the defendant's state at the time of driving, and records of the same kind of crime, shall be

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