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(영문) 대구지방법원경주지원 2020.09.02 2020고단195

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;

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, 2020, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On April 12, 2020, at around 17:30, the Defendant driven a DM7 car in the state of alcohol alcohol concentration of about 12 km from the 0.139% under the influence of alcohol concentration of 0.139% on the front of the C cafeteria located in the Sin-si, Young-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver attached to a report on detection of a violation of the Road Traffic Act and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, probationary records (A), records of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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 reflectiveness, vehicle disposal, etc.);

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