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(영문) 대구지방법원 포항지원 2020.01.22 2019고단1386

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 September 1, 2010, the Defendant was issued a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court on September 1, 2010.

【Criminal Facts】

On September 2, 2019, at around 22:52, the Defendant driven a FSS5 vehicle under the influence of alcohol by 0.180% in a section of about 500 meters from the Do in front of the C cafeteria located in the north-gu, Gyeong-gu, Gyeong-gu, Gyeong-si, Gyeong-gu, Gyeong-gu, Gyeong-do to the E-mail located in the north-gu, Gyeong-gu, Gyeong-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, written appraisal of blood alcohol, and inquiry into 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 criminal records of a suspect);

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. Article 62 (1) of the Criminal Act;

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