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(영문) 대구지방법원 포항지원 2020.04.22 2020고단61
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 October 5, 201, the Defendant was notified of a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On November 25, 2019, at around 22:11, the Defendant, while under the influence of alcohol of approximately 0.089% in the section of approximately 10 meters prior to the south-gu road at the port of North Korea, violated Article 44(1) of the Road Traffic Act by driving CFD car at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking;

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 consideration of the fact that the number of imprisonment and the blood alcohol concentration is not low, the choice of imprisonment and the blood alcohol concentration is not low);

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 suspended execution (in addition to the grounds for discretionary mitigation, including the fact that there is no criminal record other than the records of drunk driving, the circumstances of drunk driving, etc. shall be considered);

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