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(영문) 대구지방법원경주지원 2020.09.02 2020고단275
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

On May 2, 2008, the Defendant issued, respectively, a summary order of KRW 700,000,000,000 as a fine for a violation of the Road Traffic Act, at the Daegu District Court racing support on October 2, 2008, by the same court on October 21, 2013, and on December 12, 2013, by the same court on the same offense, etc.

On April 21, 2020, at around 20:0, the Defendant driven a D-wing and freight vehicle with the blood alcohol concentration of about 0.124% from the 2km section from the front of a cafeteria in the mutual influent cafeteria B to the following road of C apartment.

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. Notice of the results of the crackdown on drinking driving, report on the circumstances of drinking drivers, and report on the results of the crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, references (A), reports on the failure to take dispositions, results of confirmation, and application of Acts and subordinate statutes to the investigation confirmation (the same type of suspect 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 on the suspension of execution (i.e., reflectment of reflector and blood alcohol concentration);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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