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(영문) 대구지방법원 경주지원 2020.02.20 2019고단641
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 2, 2015, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On October 21, 2019, at around 22:40, the Defendant driven an EFbea car in the 1km section from the front of C in the racing city to the next road of D apartment in the racing city, with a blood alcohol concentration of about 0.084% under the influence of alcohol concentration of about 1km.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (verification of the same kind of power) - One copy of summary order;

1. The application of Acts and subordinate statutes to inquiries into foreign crimes and investigation records materials;

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. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the background of the instant crime; (b) blood alcohol concentration; (c) the record of the instant crime; and (d) the criminal records; and (c) the Defendant’s age, environment; (d) character and conduct; (e) motive

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