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(영문) 대구지방법원 포항지원 2020.01.08 2019고단1409

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 April 11, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (driving) in the port branch of the Daegu District Court on April 11, 2008, and was issued a summary order of 2.5 million won for the same crime by the same court on May 14, 2010.

【Criminal Facts】

The Defendant is a driver of a passenger car in the Stity area B.

On September 11, 2019, at around 03:17, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.038% from a 1km section from the front of the pair of pacta road in the north-gu Mapo-dong at the port to the front of the pacta-dong in the same Gu from the front of the pacta-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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