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(영문) 대구지방법원 포항지원 2020.04.22 2020고단64
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 March 26, 2015, the Defendant was notified of a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On December 7, 2019, at around 07:10, the Defendant: (a) driven a vehicle of approximately 10km in a section of about 0.188% alcohol concentration from the road near a bus terminal located in the south-gu, Chungcheongnam-do; (b) around 07:10, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, while driving a vehicle of approximately 10km in a section of about 0.18% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the regulation of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that of the state of drinking drivers;

1. Investigation report, report on the occurrence of a traffic accident, and investigation report on the actual condition of a traffic accident;

1. Previous offense: A report on investigation, and the application of Acts and subordinate statutes as a result of inquiry;

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 high, the choice of imprisonment and the blood alcohol concentration is high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident has occurred due to the instant driving, but has caused minor physical damage, and the fact that an agreement has been reached with the victim);

1. Article 62 (1) of the Criminal Act (in addition to the grounds for discretionary mitigation, consideration shall include the fact that there is no other force except the drunk driving as indicated in the judgment, and the fact that a motor vehicle is disposed of to avoid driving under the influence of alcohol);

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

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