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(영문) 대구지방법원김천지원 2020.11.26 2020고단1152
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 July 3, 2015, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On July 6, 2020, at around 22:50, the Defendant driven a DNA car with approximately 500 meters alcohol level 0.142% under the influence of alcohol through the front road from Kimcheon-si B through C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. 12Report sheet and report on internal investigation (the reasons why the person suspected of being driven under influence of alcohol is specified, etc.);

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

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

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. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration of the defendant in the instant case, and the age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all the sentencing shown in the pleadings of the instant case, such as the circumstances after the crime, etc., the sentence like the order shall be determined

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