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(영문) 대구지방법원 포항지원 2021.01.29 2020고단1468

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Records of Crimes】 On December 17, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Port Support.

【Around October 12, 2020, the Defendant driven D 125 R wheeled vehicle while under the influence of alcohol concentration of about 0.15% in blood at approximately 500 meters from the front road of the north-gu, Mapo-si to the front road of the same Gu from 08:53 on October 12, 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. Report on the occurrence of a traffic accident, report on the circumstances of a driver driving a driving driving, notification of the results of crackdown on drinking, report on a traffic accident, and photograph of the scene of the accident;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of the same Act and subordinate statutes confirming the same history;

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, and the selection of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the order of education and observe Article 62-2 of the Criminal Act, the amount of alcohol concentration among the blood of the reason for sentencing of Article 62-2 of the Criminal Act, distance between the criminal records and time, the defendant's reflectivity, etc.