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(영문) 대구지방법원 포항지원 2020.01.09 2019고단1472

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 November 17, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu District Court’s territorial support on November 17, 2015.

【Criminal Facts】

At around 02:40 on November 9, 2019, the Defendant driven a motor vehicle B with low alcohol level of 0.038% under the influence of alcohol level at approximately 1km in the section of 1km from the Do adjacent to the Mandop of the Mando-dong at Port to the Mando-dong of the Mando-dong 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 records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the violation of an error, and considering the fact that the driving of this case does not cause any traffic accident);

1. Article 62 (1) of the Criminal Act (In addition to the reasons for discretionary mitigation, consideration shall be given to the absence of any record of punishment heavier than that of the suspended sentence);

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