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(영문) 대구지방법원김천지원 2020.11.25 2020고단788
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 August 28, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch of the Daegu District Court on August 28, 2015.

【Criminal Facts】

On May 14, 2020, at around 23:50, the Defendant driven a Fbe-cr cruise car in the state of alcohol alcohol concentration of about 0.134% in the 4km section from around Kimcheon-si, Kimcheon-si, D apartment E-dong parking lot to Kimcheon-si, Kimcheon-si.

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. 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, reply reports, and application of Acts and subordinate statutes to investigation reports;

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 include: (a) the defendant's blood alcohol concentration, driving distance, the defendant's circumstances leading to driving at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all the sentencing conditions specified in the records and arguments, including the defendant's punishment records, shall be determined as ordered.

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