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(영문) 대구지방법원 포항지원 2020.02.19 2019고단1770
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

On October 16, 2007, the Defendant was notified of a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Daegu District Court Port Branch of the Daegu District Court. On October 15, 2008, the Defendant was notified of a summary order of KRW 1 million for the same crime in the same court on October 15, 2008. On July 14, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court.

At around 00:40 on December 8, 2019, the Defendant driven a FMW730L car in the state of alcohol alcohol concentration of approximately 0.041% from approximately 200 meters away from the road near the C cafeteria located in the Northern-gu, Northern-si, Mapo-si, Mapo-si, Mapo-si, to the E preceding road located in the north-gu, Mapo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to the same type of punishment power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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