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(영문) 대구지방법원김천지원 2020.11.19 2020고단799
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 August 11, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch.

On December 25, 2019, at around 00:45, the Defendant driven a dro-car in the state of alcohol alcohol concentration of approximately 4.4km from the section of approximately 4.4km to the road in front of the village entrance-gu, the Defendant driven a dro-car in the state of under the influence of alcohol content of about 0.179%.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, site photographs of the accident, internal reports, reports on the 112 reported cases, report on the actual situation survey report and photographs;

1. The circumstantial statement statement report and the inquiry request for appraisal of an employee;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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, the present health condition, and the age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all the sentencing specified in the pleadings of the case, such as the circumstances after the crime, etc., the sentence like the order shall be determined.

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