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대구지방법원 포항지원 2020.03.26 2019고단1518

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.


Punishment of the crime

[Criminal Power] On November 30, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on November 30, 2015. On September 14, 2017, the same court was sentenced to a suspended sentence of one year for six months due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On 00:04 around 00:04, the Defendant driven a motor bicycle from around 70 meters from the front side of the restaurant located in the north-gu, Pohang-si, Pohang-si, to the front side of the same Gu D Studio, while under the influence of alcohol at 0.182% of blood alcohol level.

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

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: Criminal records, written judgments and application of each summary order Acts and subordinate statutes;

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 a person with imprisonment or imprisonment with prison labor, the degree of blood alcohol concentration, the suspended execution once due to drunk driving prior to the instant case, and the punishment for three times sentenced to a fine);

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 suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

1. Probation under Article 62-2 of the Criminal Act;