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(영문) 대구지방법원 김천지원 2020.03.31 2019고단1574
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 June 19, 2008, the Defendant was under the influence of having received a summary order of KRW 2 million due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon-si branch on the charges of violating the Road Traffic Act. However, around 14:45 on October 29, 2019, the Defendant driven a mari vehicle while under the influence of alcohol of approximately 0.04% of blood alcohol concentration from the front side of a restaurant located in Kimcheon-si B to the front side of Kimcheon-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, survey report on actual condition, and review report on the result of control;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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. Probation, community service order, order to attend a lecture, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in the instant case, and other conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined

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