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(영문) 대구지방법원포항지원 2020.09.24 2020고단928
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 August 1, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving in Drinking) at the port branch of the Daegu District Court.

【Criminal Facts】

On June 2, 2020, the Defendant, while under the influence of alcohol of 00:50%, driven a BN-si car at approximately 700 meters away from the Hean Park Parking Site at the north-gu coast at the port of port to the front of the police box at the same time from the Hean Park Park Park Park at the coast of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, each report on the control of drinking driving, and an appraisal report on blood alcohol;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached records);

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 suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

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

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