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(영문) 대구지방법원포항지원 2020.12.23 2020고단1325
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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On August 2, 2010, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Facts】

At around 05:45 on September 16, 2020, the Defendant driven an E-5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.127% at a section of about 200 meters from the Do in the south-gu B to the front of D Jeong-gu.

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

Summary of Evidence

1. A written statement of the defendant in court;

1. Report on the circumstances of driving under the influence of alcohol, report on internal matters, report on the results of the regulation of driving under the influence of alcohol, report on the situation of a drinking driver, investigation report, photographs of four points inside and outside the string of the vehicle as a result of the regulation of driving under the influence of alcohol, four points in shooting of the vehicle, and report on internal matters (related to

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Taking into account the fact that the relevant Article of the Act on Criminal Facts, the selection of a punishment, Articles 148-2 (1), 44 (1) of the Road Traffic Act (the point of sound driving, the selection of imprisonment), and the blood alcohol concentration higher, etc.;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that there is an anti-accident and the fact that there is no traffic accident caused due to the driving of alcohol in this case);

1. Article 62 (1) of the Criminal Act on the suspended execution (in addition to the grounds for discretionary mitigation, considering that the defendant has no record of punishment except for the punishment under the records in the judgment);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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