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(영문) 대구지방법원 경주지원 2020.05.13 2020고단42

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

On April 23, 2007, the Defendant was issued a summary order of KRW 1 million due to the violation of the Road Traffic Act in Daegu District Court and racing support.

On February 6, 2020, at around 21:30, the Defendant driven a f-hurd vehicle with a blood alcohol content of about 5km from around the 5km section to the front of the “E” restaurant located in D, located in D, prior to the same city, on the road located in the vicinity of the Seoul Special Metropolitan City (Seoul Special Metropolitan City), while under the influence of alcohol of 0.109%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to confirm criminal investigations;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and 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 (Taking into account the reflectivity, the degree of blood alcohol concentration, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;