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(영문) 대구지방법원 경주지원 2020.04.28 2019고단686
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 28, 2006, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On August 3, 2019, at around 23:16, the Defendant driven a freight vehicle with a blood alcohol concentration of 0.097% from around 1 kilometer to 3:00,000, while under the influence of alcohol at around 0.097% from the 1 kilometer of the Republic of Korea, which was located in the Gohae-si, Si-si, Si-si.

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 same prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (Confirmation of the same kind of power);

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The punishment as ordered shall be determined in light of the circumstances such as the background of the instant crime, the blood alcohol concentration, the records of the relevant crime, etc., and other overall circumstances such as the Defendant’s age and character, environment, motive, means and consequence of the instant crime for the reason of suspended sentence under Article 62(1) of the Criminal Act;

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