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(영문) 대구지방법원 경주지원 2020.04.28 2019고단678
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 September 25, 2008, the Defendant was issued a summary order of KRW 500,000,000 as a crime of violation of the Road Traffic Act in the Daegu City Support.

[2019 Highest 678] On October 25, 2019, the Defendant driven a motor vehicle in the Edota Camp under the influence of alcohol 0.145% from the section of about 20km to the front road of the entrance of the D community hall in the racing city, from the front of the “C” restaurant located in the “C” restaurant located in the Sin-si, Sin-si on October 25, 2019 to the front road of the entrance of the D community hall.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

[200 Godan119] On March 12, 2020, the Defendant driven a vehicle in E Campa without obtaining a driver’s license under the influence of alcohol concentration of 0.051%, from around 04:50 to around 500 meters from the south-gu Mag-gu Mag-gu Mag-gu Mag-gu Magdong to the G-gu Magdong-gu G-gu Mag-si.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and also driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

[2019 Highest 678]

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Investigation report (Attachment of a copy of the same type of judgment) - One copy of summary order [Attachment of the same attached judgment];

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The driver's license ledger;

1. Application of investigation reports (formerly previous and applicable Acts and subordinate statutes);

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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