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(영문) 대구지방법원 포항지원 2021.02.17 2020고단1533

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Criminal facts

【Crime of Crimes】 On January 16, 2012, the Defendant was sentenced to a suspended sentence of 8 months to a suspended sentence of 1.5 million won for a crime of violating the Road Traffic Act at the port support of the Daegu District Court on January 16, 2012, a fine of 5 million won for a crime of violating the Road Traffic Act (driving) at the same court on August 20, 2013, a fine of 5 million won for a crime of violating the Road Traffic Act (driving) at the same court on January 29, 2015, and a crime of violating the Road Traffic Act (driving without a license) at the same court on January 29, 2015. < Amended by Act No. 11508, Oct. 11, 2017>

【Crimes】

1. The Defendant, on September 29, 2020, driven a DNA car with a alcohol level of about 200 meters from the south-gu, Southern-gu, B through C in the section of approximately 200 meters from Sep. 29, 2020 to the road in front of C at port. The Defendant driven a DNA car with a alcohol level of about 0.217% under the influence of alcohol.

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

2. On October 15, 2020, the Defendant driven Halba while under the influence of alcohol content of about 0.215% in the section of approximately 500 meters from the Falba in south-gu E at port on October 15, 2020 to the front of G, in the direction of about 16:15:0 on October 15, 2020.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I and J;

1. Police seizure records;

1. Report on detection (driving) and four copies, such as a photograph, etc., a photograph, etc., a D low-speed popon, a notice of the results of crackdown on driving of alcohol, a report on the situation of each driving driver, a report on the occurrence of a traffic accident, a report on the scene of an accident, a report on the actual condition of a traffic accident, an appraisal report, a report on the actual condition of a traffic accident, and a report on the internal investigation

1. Previous records: Application of the results of inquiry, each investigation report (Attachment of judgment on driving alcohol) (Attachment of judgment on driving alcohol), and statutes;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.