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(영문) 대구지방법원김천지원 2020.11.25 2020고단936
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 June 26, 2007, the Defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Busan District Court, and on June 25, 2010, issued a summary order of three million won as a fine by the same crime at the Daegu District Court, and on September 26, 201, issued a summary order of three million won by the same court at the same court on September 26, 201, and on May 1, 201, the Defendant was sentenced to a suspended sentence of six months for the same crime.

Nevertheless, at around 22:25 on May 15, 2020, the Defendant driven a DNA cruise car in the state of alcohol alcohol concentration of approximately 0.119% from the section of approximately 1k to the roads in front of C, located in the non-fluoric zone located in the Dong-si, Chungcheongnam-si, Chungcheongnam-si.

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 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 reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, despite the fact that the defendant was punished three times by a fine due to the crime of the Road Traffic Act, and one time by the suspension of the execution of imprisonment, the defendant was engaged in drinking at once, and the fact that the blood alcohol level is high, or that the defendant was not guilty and re-offending, the driving distance is short, the driving distance is less than six years, there is no history of punishment, support is a family member, and other various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive or background of the crime, means and method of the crime, details and results of the crime, and circumstances after the crime, etc., shall be determined as ordered by the order.

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