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(영문) 대구지방법원 포항지원 2020.03.19 2020고단41

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2017, 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’s Port Branch.

On November 2, 2019, around 01:10, the Defendant driven an E 3 vehicle while under the influence of alcohol with approximately 00 percent alcohol concentration of about 0.13% from the south-gu D apartment at port to the front road of the south-gu D apartment at port at port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same attached power);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [The choice of imprisonment and the degree of blood alcohol concentration shall be taken into account];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution (in addition to the grounds for discretionary mitigation, taking into account the fact that a fine for a drunk driving has been sentenced once and that there is no other criminal records;

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