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(영문) 대구지방법원 포항지원 2019.06.20 2019고단250

도로교통법위반(음주운전)

Text

The punishment of the accused shall be set forth in six months.

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 July 1, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court, and a summary order of KRW 4 million for the same crime at the same court on March 27, 2014, respectively.

【Criminal Facts】

At around 21:20 on March 3, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of about 0.071% from the front side of the Dog-ri, Dog-ri, Dog-ri, the Dog-ri, the Dog-ri, the Dog-ri, the Dog-ri, and the lower part of the lower part of the Dog-ri, the lower part of which was about 10km, to the lower part of the

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty for a crime [The choice of imprisonment and driving sections shall be taken into account];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the violation of an error and the fact that a traffic accident has not been caused from the driving of this case);

1. Article 62 (1) of the Criminal Act on the suspended execution [The grounds for discretionary mitigation and the fact that there are no criminal records subject to the punishment heavier than the suspended execution];

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