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(영문) 대구지방법원 포항지원 2019.09.19 2019고단903

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

On April 2, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Daegu District Court’s Port Branch, and on November 7, 2014, the Defendant issued a summary order of KRW 4 million for the same crime in the same court.

On July 7, 2019, at around 09:00, the Defendant driven DK 3 automobiles in the state of alcohol with approximately 4km alcohol concentration of about 0.146% from the 4km section to the front road of the Posi-gu B C store in the north-gu, Mapo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Each photograph;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same criminal records as a suspect);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the choice of imprisonment, the degree of blood alcohol concentration, and the records of having been punished three times as a fine for drunk driving and unlicensed driving prior to the instant case);

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 sentence (see, e.g., Article 62 (1) of the Criminal Act)

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