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(영문) 대구지방법원 포항지원 2020.01.09 2019고단1428
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 4, 2014, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a crime of violation of the Road Traffic Act at the port support of the Daegu District Court on August 4, 2014, and a summary order of KRW 1.5 million with the same court on October 13, 2015.

【Criminal Facts】

On October 22, 2019, at around 02:50, the Defendant driven a car in a state of 0.122% alcohol concentration at approximately 200 meters from the parking lot of the C Hospital located in the Northern-gu, Mapo-si, Mapo-si, Mapo-si, to E front roads located in the North-gu, Mapo-si, Mapo-si, Mapo-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving (17 pages of investigation records);

1. Each photograph;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Act on the Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty [the choice of imprisonment, blood alcohol concentration and the driving of this case in consideration of the occurrence of traffic accidents caused by the occurrence of a traffic accident];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that the relevant person commits an illegal act, the fact that he/she commits an illegal act, the fact that he/she has been punished three times by a fine due to the Road Traffic Act and the Drinking Driving, and that

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

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

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