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(영문) 대구지방법원포항지원 2020.12.23 2020고단1303
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On April 16, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court’s Port Branch on April 16, 2007, and a summary order of KRW 3 million for the same crime in the same court on July 25, 2016, respectively.

【Criminal Facts】

around 10:00 on August 8, 2020, the Defendant driven a D-hurd-hurd-hurd-hurged-purd-purd-purg-purged-purg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-h

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

Summary of Evidence

1. One CD, such as a report on the occurrence of a traffic accident by Defendant’s legal statement, a traffic accident actual investigation report, an investigation report (in the event of a victim), an investigation report (in the event of a victim), a visual recording document, and a CD;

1. Notification of the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, report on the situation of drinking drivers, investigation report (report on the circumstances of drinking drivers), and the applicant for certification of the purchase of automobile insurance;

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

1. Taking into account the fact that the pertinent Article on criminal facts, Articles 148-2 (1), 44 (1) of the Road Traffic Act, the choice of punishment, and the blood alcohol concentration is very high, and that the blood alcohol concentration was high, and the traffic accident was caused by the driving of the instant case;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (in consideration of the fact that the traffic accident caused has been caused by a minor physical accident and the fact that it was dealt with, etc.);

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. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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