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(영문) 대구지방법원 경주지원 2020.04.29 2019고단714

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 February 3, 2014, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in Daegu District Court racing support.

【Criminal Facts】

On December 1, 2019, at around 03:07, the Defendant driven a DNA car in the state of alcohol with approximately 30km alcohol concentration of about 0.131% from the 30km section in front of the second intersection of the Seocho-si, Seocho-si, Young-si to the front lane of the second intersection.

As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol again, and driving the said vehicle under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of one week;

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 (environmental consideration such as confession and family relationship);

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