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(영문) 대구지방법원 경주지원 2019.11.27 2019고단563
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 becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On February 22, 2008, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】 On October 17, 2019, the Defendant driven a F QM5 vehicle while under the influence of alcohol content of about 0.114% at a section of about 300 meters from the front of the road located in Si, Si, Si, 00:16 to the front of the road located in D.

As a result, the defendant violated the Road Traffic Act prohibition provisions at least twice.

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. Previous convictions indicated in judgment: The results of inquiry and the application of investigation reports (Attachment of summary orders related to the records of sound driving) Acts and subordinate statutes;

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. 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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