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(영문) 대구지방법원 경주지원 2020.04.14 2019고단706
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

[criminal power] On March 7, 2014, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Daegu District Court and the racing support. On October 13, 2015, the Defendant was issued a summary order of KRW 1 million for the same crime.

【Criminal Facts】

On November 10, 2019, at around 00:45, the Defendant driven an EK 3 vehicle while under the influence of alcohol with approximately 0.142% of alcohol alcohol concentration from the 1km section from the 1km to the Do school education center in the racing city from the front of the Do school parking lot in the racing city to the front of the Do school education center in the racing city.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of one copy of the reference to criminal records, one investigation report, and one summary order, respectively;

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 (i.e., confession, health conditions, environment, etc.);

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

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