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(영문) 대구지방법원포항지원 2020.11.12 2020고단1257

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 January 15, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

At around 01:40 on May 25, 2020, the Defendant driven a D Ecoo motor vehicle in the state of alcohol alcohol concentration of about 0.172% from the 10-meter section from the north-gu apartment parking lot in the north-gu Seoul metropolitan city to the 1st floor parking lot in the same apartment C-dong apartment complex.

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

Summary of Evidence

1. Report on each of the defendant's statements in court;

1. Notification of the control of drinking driving;

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) 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 that there is no previous conviction of a fine for drunk driving and no previous criminal records of the same kind, and no record of the suspended execution or more severe punishment exists

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