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(영문) 대구지방법원 경주지원 2019.11.27 2019고단594
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 June 22, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Youngju District Court's Youngdong Branch, and a summary order of KRW 4 million for the same crime at the Busan District Court on April 25, 201, respectively.

【Criminal Facts】

On October 8, 2019, at around 03:00, the Defendant driven D Star Corpex under the influence of alcohol content of about 1km from around 0.082% from around 03:0 on the roads in front of the 1km-dong 988 Arts C to the front of the Yellow Tridong 98 Arts C.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

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 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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