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(영문) 대구지방법원김천지원 2020.08.12 2020고단313
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 10, 2015, the Defendant received a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

On February 8, 2020: (a) around 02:16, the Defendant driven a e-car in the condition of alcohol alcohol concentration of approximately 0.113% from a section of about 3 km from the front day of the Do senior citizens' center located in the Dong-si B market near the Seoul Special Metropolitan City to the front day of the D senior citizens' center located in the same city C.

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 and investigation reports (Attachment to a summary order of the same type of crime);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the defendant's blood alcohol concentration, driving distance, the defendant's circumstances leading to driving at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all the sentencing conditions specified in the records and arguments, including the defendant's punishment records, shall be determined as ordered.

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