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(영문) 대구지방법원 경주지원 2020.02.05 2019고단667

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

【Criminal Power】 On November 12, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on December 15, 2015, the Defendant was issued a summary order of one million won for the same crime in the same support.

【Criminal Facts】 On November 18, 2019, at around 23:30, the Defendant driven an E-3 vehicle while under the influence of alcohol 0.107% in the section of approximately 200 meters of alcohol level, from the road near C, which is located in Si/Gun/Gu, to the road front of the D apartment house.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstances surrounding drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (Attachment to summary orders of the same kind of power) 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;

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