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(영문) 대구지방법원 2020.12.17 2020고단5358
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

At around 14:30 on September 30, 2020, the Defendant driven a motor vehicle with low alcohol content of 0.230% under the influence of alcohol from around 2km to the southwest of the same Sinyang Eup from around 14:30 on September 30, 202 to the southwest of the same Sinyang Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual condition survey report and photographs, the circumstantial statement of a drinking driver, the investigation report, and the results of the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 reason for sentencing under Article 62-2 of the Criminal Act - The Defendant driven a blood alcohol concentration of 0.230% and caused physical accidents.

In 2001, the accused has been punished by a fine for a violation of the Road Traffic Act (Refusal of measurement).

- time to commit the offence;

From the point of time of the above punishment, 20 years have elapsed since the point of time, and there are no other records of punishment.

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