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(영문) 대구지방법원김천지원 2020.12.09 2020고단855
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 April 25, 2014, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court.

On April 15, 2020, at around 23:20, the Defendant driven a spke car in the state of alcohol alcohol concentration of about 0.078% from the section of approximately 300 meters from the front of the Gumi-si B and C convenience store to the front of the D building at the same time.

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 convictions indicated in judgment: Criminal records, references to criminal records, amounts of dispositions, and the 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 circumstances in which the defendant was driven at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all of the sentencing conditions shown in the records and arguments of this case, including the defendant's records and records of the same crime

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