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(영문) 대구지방법원 경주지원 2020.04.29 2020고단22
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 14, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On January 4, 2019, at around 00:10, the Defendant driven a Dpoter Ⅱ while under the influence of alcohol content of about 0.132% from the section of approximately 200 meters to the front of the Ktop street.

As a result, the defendant, who has been in violation of the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry report, investigation report (fact-finding records of sound driving), and application of Acts and subordinate statutes of one copy of summary order;

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 (i.e., confession and reflective consideration);

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

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