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(영문) 대구지방법원포항지원 2020.08.12 2020고단779

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 November 1, 201, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court on November 1, 201.

【Criminal Administration” around June 7, 2020, the Defendant driven a DK7 vehicle while under the influence of alcohol 0.167% in the section of approximately 30km from the front of the 21:05 on the 2020-on-road, Chungcheongnam-si to the road prior to the port of port C in the North-gu, North-gu, North-gu, U.S. C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's place, the statement on the state of his driving, and notification of the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 take into account the blood alcohol concentration on the grounds of sentencing in Article 62bis of the Criminal Code, the 2004 and the 3rd drinking driving in 201, other punishment records, reflectivity, etc.