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(영문) 대구지방법원 포항지원 2020.01.22 2019고단1465
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 April 15, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

At around 02:10 on October 5, 2019, the Defendant driven a DNA-type car in the state of alcohol of about 1km from the road near the bus terminal located in Nam-gu, Seoul Metropolitan City to the front road located in the same Gu, with approximately 85m alcohol concentration of about 0.242% from the road near the bus terminal located in the same Gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. To make an appraisal report on blood alcohol and the results of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of the same force of the 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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