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(영문) 대구지방법원경주지원 2020.08.19 2020고단201

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 July 19, 2013, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act in Daegu District Court and racing support.

On March 1, 2020, at around 21:20, the Defendant driven a DNA-learning car with a blood alcohol concentration of about 0.099%, from the 1km section to the next road of C High School located in B in the same city on the roads in front of the Yellow Park, which is located in the 79-41, a yellow-si Fluorro, Sim.

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 result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal 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 (Consideration of reflectivity, health conditions, numerical value of blood alcohol concentration, etc.);

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;