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(영문) 대구지방법원포항지원 2020.09.16 2020고단1021

도로교통법위반(음주운전)

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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

Criminal facts

【Criminal Power】 On August 6, 2020, the Defendant was charged with driving under the influence of alcohol on June 30, 202, and was charged with summary-type crimes of violation of the Road Traffic Act at the Daegu District Court Port Branch on August 6, 2020, and is currently pending trial.

(2) On July 19, 2020, the Defendant driven a Flearning car under the influence of alcohol 0.071% in a section of about 500 meters from the front of the road near the north-gu in the port of Port B to the front of the restaurant located in the south-gu in Port D at port.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any case of the violation of the Road Traffic Act, reporting on the state of the driver, reporting on the state of the driver, and reporting on the control of the drinking driving;

1. Previous records before judgment: Application of criminal records, references to criminal records, investigation reports (the confirmation of a case during trial while pending);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation and lecture attendance order under Article 62-2 of the Criminal Code takes into account the blood alcohol concentration on the grounds of sentencing, the second drinking driving, the first drinking driving at extremely short time, and other penalty power and reflectivity, etc.