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(영문) 대구지방법원김천지원 2020.11.25 2020고단688
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 March 28, 2014, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch on March 28, 2014.

【Criminal Facts】

On January 2, 2020, at around 21:55, the Defendant driven a DNA cargo vehicle under the influence of alcohol leveling to 0.071% of blood alcohol level from the 2km section from around the C charging station in Kimcheon-si, to Kimcheon-si, 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. A report on the statement of the status of the driver, and an investigation report;

1. Inspection of the results of the drinking driving control and notification of the fact;

1. Previous records of judgment: Criminal records, results of inquiry, application of Acts and subordinate statutes;

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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