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(영문) 대구지방법원 포항지원 2020.04.08 2019고단1679

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

Criminal facts

【Criminal Power】 On August 1, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Port Support of the Daegu District Court on August 1, 2007, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court and its Branch Support on September 11, 2007, and was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Port Support on September 15, 201.

【Criminal Administration” around 09:10 on November 1, 2019, the Defendant driven E-Poter Cargo Vehicles with approximately 8km alcohol concentration of about 0.123% from the front of the parking lot C located in the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, to the south-gu D apartment at port.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on the occurrence of a traffic accident, photographs of the scene of the accident, reports on the actual state of a driver with a driver with a driver's license, reports on the results of the regulation of drunk driving, reports on the results thereof, 112 report

1. Each report on internal investigation:

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. When considering the grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service, and lecture attendance order, the punishment records for the violation of the Road Traffic Act in 2004 are also taken into account the fiveth drinking driving, the blood alcohol concentration high, the punishment records for the accused are substantial, and the accused reflects the wrongness.