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(영문) 대구지방법원포항지원 2020.10.14 2020고단1043

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 of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On November 2, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the port support of the Daegu District Court.

【Criminal Facts of Crimes】 On July 23, 2020, the Defendant driven D SP car under the influence of alcohol concentration of 0.159% from the 8km section from the road near the Nam-gu B market at the Nam-si, Chungcheongnam-gu, Seoul, to the front-dong parking lot.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the results of the control of drinking driving, report on the state of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the state of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry report, attachment of criminal records, application of Acts and subordinate statutes of a summary order;

1. Taking into account the fact that the relevant Article of the Act on Criminal Facts, the selection of a punishment, Articles 148-2 (1), 44 (1) of the Road Traffic Act (the point of sound driving, the selection of imprisonment), and the blood alcohol concentration higher, etc.;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that an error is against one another, and the fact that an accident does not occur due to one in this case’s driving);

1. Article 62 (1) of the Criminal Act on probation (in addition to the reasons for discretionary mitigation, considering the fact that there is no other criminal record than the previous records in the judgment);

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