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(영문) 대구지방법원포항지원 2020.08.19 2020고단735
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On April 15, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

At around 22:30 on May 27, 2020, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of about 0.143% in the section of approximately 2 km from the front of the road located in the Northern-gu, Northern-si B to the front of the road located in the same Gu D.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving (round 27, 20205);

1. Previous convictions indicated in judgment: Criminal history records, reply reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of one copy of summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (with regard to the fact that the number of imprisonment and the blood alcohol concentration is high, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the fact that an error is against one another, and the fact that an accident does not occur due to one in this case’s driving);

1. Article 62 (1) of the Criminal Act on the suspended execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the fact that the defendant has been punished by a fine for a violation of the Road Traffic Act, other than the records in the judgment;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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