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(영문) 대구지방법원 경주지원 2020.05.13 2020고단57
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2018, the Defendant was suspended from indictment at the Daegu District Prosecutors' Office on the condition that he/she completed a compliance driving training due to the violation of the Road Traffic Act.

On December 17, 2019, the Defendant, despite the fact that he violated the prohibition of drunk driving, driven the E Car in the state of alcohol alcohol concentration of about 0.120% from the section of about 2km from the front of the B apartment of the race city to the front road of the D real estate, on December 17, 2019, while driving the E Car in the state of alcohol content of about 0.120%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, and report on the circumstances of a drinking driver;

1. Previous records: Application of Acts and subordinate statutes to a report on internal accidents (Attachment of data on sound-driven power), criminal records, reply reports on criminal records, investigation reports (verification of sound-driven driving records);

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, circumstances leading to the occurrence of the crime, distance of drunk driving, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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