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(영문) 대구지방법원 포항지원 2020.02.25 2019고단1678
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 March 5, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act, at the port branch of the Daegu District Court.

【Criminal Facts】

On November 15, 2019, the Defendant driven a Maz car in the state of alcohol alcohol concentration of approximately 0.087% from the center parking lot of C Cooperatives located in North-gu, Northern-si B to the roads front of the D building at approximately 500 meters from the center parking lot of C Cooperatives located in the north-gu, Maz car.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [The choice of imprisonment and the degree of blood alcohol concentration shall be taken into account];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution (in addition to the grounds for discretionary mitigation, taking into account the fact that a fine for a drunk driving has been sentenced once and that there is no other criminal records;

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

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