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(영문) 대구지방법원 경주지원 2019.11.27 2019고단522
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 5, 2015, the Defendant was issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act in the Daegu Metropolitan Area Support.

[Criminal facts] On August 22, 2019, at around 01:30, the Defendant driven an E rocketing car with approximately 500 meters alcohol concentration 0.149% under the influence of alcohol from the first front of the racing-si B apartment to the front road of the racing-si, and the front road of the D.

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 notification of 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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