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(영문) 대구지방법원 경주지원 2019.11.29 2019고단580
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 September 3, 2008, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court racing support.

[Criminal facts] On October 9, 2019, at around 01:13, the Defendant driven an E-motor vehicle while under the influence of alcohol 0.146% of the blood alcohol concentration from the front of the road in the Si of the Si of the race-si to the front of the Gu of the race-si.

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. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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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