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(영문) 대구지방법원 포항지원 2020.07.21 2020고단618
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

[Criminal Power] On April 25, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On April 19, 2020, at around 07:58, the Defendant driven B rocketing car under the influence of alcohol content of about 0.056% at a distance of about 30km from the front place of the alcohol house located in the Dong-gu, Silsi, Maldong to the point of 143km away from the Gyeongcheon-gun, Malcheon-gun, Malcheon-gun, Sildong-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the violation of an error, and considering the fact that the driving of this case does not cause any traffic accident);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, consideration shall be given to the fact that a person has no other criminal records, other than the punishment of a fine on two occasions due to drunk driving or unlicensed driving);

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

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