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(영문) 대구지방법원 경주지원 2020.04.29 2020고단34

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 March 30, 2009, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On December 9, 2019, at around 21:25, the Defendant, even though there was a power of violating the prohibition of drunk driving, driven a fran vehicle with a blood alcohol content of about 0.157% at a distance of about 200 meters from the front of the Cju store located in Si-si B to the front of the E-cafeteria located in Si of the race-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking drivers, the circumstantial statements of drinking drivers, and the circumstantial reports of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry inquiry report, investigation report, confirmation of records of sound driving, and application of Acts and subordinate statutes of a summary order;

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 (i.e., confession, distance of driving, etc.);

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