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(영문) 대구지방법원김천지원 2020.10.21 2020고단685
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 October 15, 2010, the Defendant received a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On January 22, 2020, at around 22:45, the Defendant driven a F Karen car in the state of alcohol alcohol concentration of approximately 0.170% at the section of about 2km from the front of the restaurant C cafeteria located in the Gyeong-si, Chungcheongnam-si, Seoul, to the front of the oil station located in D in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more 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 for judgment: Application of criminal records, inquiry reports, and investigation reports (a summary order attached to the same type of drinking driving force);

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. 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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