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(영문) 대구지방법원 포항지원 2019.09.19 2019고단908
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

[Criminal Power] On April 19, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Facts】

On June 29, 2019, around 01:09, the Defendant driven an E rocketing car with the blood alcohol concentration of about 0.104% at a distance of about 700 meters from the Do in front of the C cafeteria located in the Northern-gu, Northern-si B to the front road of the port of port.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on driving under influence of alcohol and the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the choice of imprisonment, the blood alcohol density, and the record of being punished two times as fines for drunk 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;

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