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(영문) 대구지방법원 포항지원 2020.05.15 2020고단436

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

Criminal facts

【Criminal Power】 On October 5, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

(2) On March 18, 2020, the Defendant: (a) on March 18, 2020, the Defendant driven an E T-R car with a blood alcohol concentration of about 0.109% at a section of about 500 meters from the front of the restaurant located in the Southern-gu C-si B to the front road of the same Gu, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, report on the actual state of a driving driver, report on the situation of a driving, and report on the results of

1. Each report on investigation;

1. A previous conviction: A written inquiry report and the application of Acts and subordinate statutes of the same kind of crime;

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 shall be taken into account the blood alcohol concentration on the grounds of sentencing in Article 62-2 of the Criminal Act, the second drinking driving, the defendant's other punishment records, reflectivity, etc.