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(영문) 대구지방법원 경주지원 2019.01.30 2018고단774
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 May 9, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court and racing support, and around July 25, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime in the same support.

【Criminal Facts】 On November 10, 2018, at around 00:30, the Defendant driven a Fcoon car while under the influence of alcohol 0.082% of the blood alcohol concentration at approximately 100 meters from the front of the road located in D to the front of the road located in D, at approximately 00 meters.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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;

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

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