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(영문) 대구지방법원 경주지원 2019.11.27 2019고단550

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 May 15, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) in the Daegu District Court’s port branch on May 15, 2013, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) from the same support on January 8, 2015.

[Criminal facts] At around 02:40 on September 18, 2019, the Defendant driven a D-Adidi vehicle under the influence of alcohol content of about 15 meters from the 15km section from the front of the C cafeteria located in Nam-gu, Nam-gu, Nam-gu, Young-si to the front road of approximately 300 meters in the luxan luxe-si, P-si.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act prohibition provision despite the fact that the Defendant violated the Road Traffic Act prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports, and Acts and subordinate statutes confirming the records of drinking driving;

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;