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(영문) 대구지방법원포항지원 2020.12.09 2020고단1114
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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2008, the Defendant was notified of a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

At around 01:00 on May 1, 2020, the Defendant driven a DNA black vehicle with a blood alcohol concentration of about 0.172% from the Southern-gu apartment Cdong parking lot to the road of the above apartment building outer wall at around 200 meters, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. One CD of CCTV image at the time of the incident, including the defendant's legal statement E, the F's statement, each traffic accident report, the field photograph, the actual condition survey report, and one copy of the CCTV image CD;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A previous conviction: A written inquiry result, and the application of Acts and subordinate statutes governing the same criminal records;

1. Considering the fact that the pertinent Article of the Act on Criminal facts, the Articles 148-2 (1), 44 (1) of the Road Traffic Act (the point of driving, the choice of imprisonment), and the blood alcohol concentration high, and the fact that the driving under the influence of alcohol in this case causes a traffic accident;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident caused was caused by a minor physical accident, and the fact that an agreement has been reached with the victims, 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. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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