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(영문) 대구지방법원 포항지원 2020.06.03 2020고단438
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 December 17, 2012, the Defendant was sentenced to a fine of one million won for a crime of the Road Traffic Act (driving) in the Daegu District Court’s Port Support on December 17, 2012, and a fine of one hundred and fifty thousand won for a crime of the Road Traffic Act (driving) in the same court on January 7, 2015.

【Criminal Administration” around March 22, 2020, at around 0.050, the Defendant driven a e-learning car from around 3km to the front road of the north-gu at port at port to the D church building located in the same Gu C from the north-gu at port to the front road of the D church building located in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's place, the statement on the state of his driving, and notification of the results of the drinking driving control;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report accompanied by a summary order of the same kind of power);

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. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Training is the third-class drinking driver, the blood alcohol concentration is not high, there is no penalty power other than the fine of 2 as stated in the judgment, and the defendant reflects the mistake.

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