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(영문) 대구지방법원 경주지원 2019.10.30 2019고단457
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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 January 27, 2012, the Defendant was issued a summary order of KRW 700,000,000,000,000,000,000 won for the same crime from the Daegu District Court racing support to the Changwon District Court as a crime of violation of the Road Traffic Act, and the summary order of KRW 4 million was issued on April 2, 2018.

【Criminal Facts】

On August 2, 2019, at around 22:47, the Defendant driven B Atop car under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.125% from the front side of the mountain village distance located in the Ganpo-Eup, Young-si, Pan-si to the front side of the mountain village distance located in Panpo-si.

As a result, the defendant, who has been in violation of the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

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

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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