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(영문) 대구지방법원포항지원 2020.12.08 2020고단1371

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 29, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Daegu District Court’s Port Support Act.

【Criminal Facts】

At around 04:37 September 13, 2020, the Defendant driven a FIsta car with approximately 500 meters alcohol concentration 0.096% under the influence of alcohol in the direction of alcohol at approximately 0.096% on the road front of the station located in the same Gu as the Do located in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of a drinking driver, and photographs as a result of the regulation of drinking driving;

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

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 suspension of execution (in addition to the grounds for discretionary mitigation, taking into account the fact that one fine due to drunk driving has been sentenced and there is no criminal record other than that of criminal punishment);

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