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(영문) 대구지방법원 포항지원 2019.09.26 2019고단968

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

[criminal power] On February 11, 2015, the Defendant issued a summary order of KRW 4 million at the Suwon District Court for a crime of violation of the Road Traffic Act, and on March 30, 2016, the same court issued a summary order of KRW 6 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 02:50 on July 12, 2019, the Defendant driven the E-Wz car in a drunken state with approximately 00 meters of blood alcohol concentration of about 0.143% at a distance of about 300 meters from the front of the North-gu B apartment at port to the front of the D located in the north-gu C at port at port.

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

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 in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the choice of imprisonment, the degree of blood alcohol concentration, and the past record of being punished by a fine of three times due to a drunk driving prior to the instant case);

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 suspension of execution (i.e., grounds for discretionary mitigation and the fact that there is no past record of punishment for a sentence of imprisonment with prison labor);

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