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(영문) 대구지방법원 경주지원 2020.04.14 2019고단782

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 20, 2007, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Daegu District Court and the summary order of KRW 1.5 million for the same crime on April 3, 2013 with the Daegu District Court and the racing support.

【Criminal Facts】

On December 5, 2019, at around 14:42, the Defendant driven a Dpoter Ⅱ cargo while under the influence of alcohol concentration of 0.116% from the 50m section from the front of the community hall B in the racing city to the front of C and the front road.

As a result, the suspect violated the Road Traffic Act prohibiting driving under the influence of alcohol, and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 on the suspension of execution (Consideration, circumstances leading to the commission of a crime, distance of vehicle travel, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;