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(영문) 대구지방법원 포항지원 2020.01.22 2019고단1478
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 November 1, 2013, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (driving) in the Daegu District Court Port Support on November 1, 2013.

【Criminal Facts】

On October 25, 2019, at around 03:10 on October 25, 2019, the Defendant driven a motor vehicle in the E-pact area under the influence of alcohol content of about 0.104% in a section from the Do in front of the C store located in the north-gu, Gyeong-gu, Gyeongpo-si, Gyeongpo-si to the front road of the D apartment in the North-gu, Gyeongpo-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

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