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(영문) 대구지방법원 포항지원 2020.04.22 2020고단63

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 3, 2008, the Defendant was notified of a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on November 3, 2008. On May 3, 2019, the Defendant was notified of a summary order of KRW 1 million for the same crime at the same court.

【Criminal Facts】

On December 18, 2019, at around 22:47, the Defendant driven a spke car with approximately 50 meters alcohol concentration of about 0.090% in the section from the front of the public parking lot located in the south-gu, Seoul to the front road in C, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of witness of the F;

1. Report on the results of the regulation of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that of the state of drinking drivers;

1. On-site reports (related to field photographs), investigation reports (on-site reports on the status of the driver);

1. Previous offense: A report on investigation, and the application of Acts and subordinate statutes as a result of inquiry;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (in view of the fact that the number of imprisonment and the blood alcohol concentration is high, the choice of imprisonment and the blood alcohol concentration is high);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident has not been caused due to the instant driving, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;