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(영문) 대구지방법원 포항지원 2020.03.25 2019고단1634
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

Criminal facts

【Criminal Power】 On October 15, 2012, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Port Support on the same day, and a fine of KRW 1.5 million for the same crime in the same court on July 31, 2014.

【Criminal Administration” around November 23, 2019, the Defendant driven an Esch Rexton vehicle under the influence of alcohol leveling to about 0.112% of alcohol level at approximately 600 meters from the Do in front of the C cafeteria in the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Place of the offender, report on detection of a person suspected of violating the Road Traffic Act, report on the state of his/her driving, report on the control of drinking driving, notification on the results of the control of drinking driving, 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 (verification of criminal records of the same kind of suspect);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation and lecture attendance order under Article 62-2 of the Criminal Act has high blood alcohol concentration on the grounds of sentencing, it shall be taken into account that this is the 3rd drunk driver, the punishment power of fines for crimes other than drunk driving, and the defendant repents his mistake in depth.

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