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(영문) 대구지방법원 포항지원 2020.06.10 2020고단62
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

Punishment of the crime

[Criminal Power] On August 1, 2008, the Defendant was notified of a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On December 4, 2019, at least 21:45, the Defendant: (a) driven the E-Poter truck while drunking about approximately 300 meters of blood alcohol concentration from the front of the C cafeteria located in the Southern-gu, Southern-si, Chungcheongnam-si; and (b) violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Two copies of a report on the situation of driving under the influence of alcohol, a report on the status of driving under the influence of alcohol, a report on the investigation into the situation, a report on the results of the control of driving under the influence of alcohol, a report on the results of the control of driving under the influence of alcohol, and a report on

1. A report on the self-finding of suspected violation of the Road Traffic Act (driving after measuring), response to requests for appraisal, and written appraisal of blood alcohol;

1. A previous conviction: A statement of inquiry results and the application of Acts and subordinate statutes of the same kind of crime;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (in view of the fact that the number of imprisonment and the blood alcohol concentration is not lowered, etc., the choice of imprisonment and the blood alcohol concentration is not low);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident has not been caused due to the instant driving, etc.);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, consideration shall be given to the fact that there is no past record of punishment except for the previous conviction 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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