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(영문) 대구지방법원 경주지원 2020.02.06 2019고단710
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 23, 2010, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in Daegu District Court racing support.

【Criminal Facts】

On November 25, 2019, at around 23:00, the Defendant driven a rocketing car with approximately 105m alcohol concentration of 0.062% while under the influence of alcohol from the front of the C in the front of the D apartment at the same time to the front of the D apartment at the same time.

As a result, the defendant was a person with the power of violating the Road Traffic Act prohibiting driving under the influence of alcohol and was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes confirming the history of drinking driving;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act shall be determined by comprehensively taking into account the background of the instant crime, the volume of blood alcohol concentration, the criminal records, and other various factors of sentencing, including the Defendant’s age, occupation and environment;

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