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(영문) 대구지방법원김천지원 2020.11.18 2020고단725
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 July 13, 2010, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch on July 13, 2010.

On March 18, 2020, at around 18:54, the Defendant driven a car with D Coin in the state of alcohol alcohol concentration of about 0.103% from the front of the house located in Kimcheon-si B to the front road of the same city in approximately 150 meters.

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 records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same type of crime records) and other 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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act recognize the defendant's error in sentencing. The defendant's blood alcohol concentration at the time of the crime of this case, driving distance, circumstances leading to the defendant's driving, the defendant's state at the time of driving, and the records and arguments of this case shall be determined as ordered by considering all of the sentencing conditions as shown in the records and arguments

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