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(영문) 대구지방법원 포항지원 2020.03.19 2020고단42
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

On October 16, 2007, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Daegu District Court's Port Support on October 16, 2007.

On December 10, 2019, at around 07:55, the Defendant driven a DPoter Ⅱ while under the influence of alcohol with approximately 700 meters alcohol concentration of approximately 0.054% from the 700-meter section to the front road of the CPoter located in Nam-gu, Nam-gu, Posi-si, Nam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same attached power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that have the power to punish each person as a fine by driving under the influence of alcohol or driving without a license 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 stay of execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the absence of any record of punishment heavier than that of the suspended execution);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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