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(영문) 대구지방법원 경주지원 2020.06.10 2020고단117
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 August 16, 2016, the Defendant was issued a summary order of KRW 2 million on the grounds of the violation of the Road Traffic Act (driving) in the Daegu District Court racing support.

【Criminal Facts】

On February 13, 2020, at around 02:50, the Defendant driven a Dgallon car in the state of alcohol alcohol concentration of approximately 0.051% from the 1km section to the military base distance of about 39, supra, from the front side of the C, which is located in Sin-si, Sin-si, Sin-si.

As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol again, driving a vehicle under the influence of alcohol in violation of the Road Traffic Act prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect drinking records and applicable provisions of Acts and subordinate statutes), and application of Acts and subordinate statutes to investigation reports (verification of sound driving 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 (it shall be considered that there is no record of punishment other than once before the same end and the blood alcohol concentration is relatively low);

1. Social service order under Article 62-2 of the Criminal Act;

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