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(영문) 대구지방법원 포항지원 2020.05.20 2020고단320
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 22, 2017, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

The Defendant is also a driver of a passenger car in the column B.

On February 17, 2020, the Defendant driven the said vehicle under the influence of alcohol 0.106% in the section of approximately 2 km from the 2km road in the north-gu, Mapo-si, Mapo-si, Mapo-si, to the front road of the same Mana-ro, while under the influence of alcohol 0.106%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about F;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A report on internal investigation:

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (in consideration of the fact that the selection of imprisonment and blood alcohol concentration is high, the choice of imprisonment and the selection of sentence shall be made);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that a traffic accident has not been caused due to the instant driving, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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