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(영문) 대구지방법원의성지원 2020.11.05 2020고단302
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 13:50 on September 30, 2020, the Defendant driven a 100c motor bicycle with the E number plate attached, while under the influence of alcohol concentration of approximately 0.306%, from the section of about 1km to the road in front of the above residence, via the front of the police box located in C, from the road in front of the dwelling of the Defendant, in front of his dwelling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Report on the circumstantial statement of a drinking driver, the report on the circumstances of a drinking driver, and 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. In particular, the defendant's reflectivity, health conditions and economic circumstances, the distance of drinking driving and the degree of driving, and records of the same kind (two times a fine by not later than 201) of the suspended sentence under Article 62 (1) of the Criminal Act should be considered.

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