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(영문) 대구지방법원 포항지원 2021.01.27 2020고단1478

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On September 17, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Port Support, and a fine of KRW 5 million for the same crime in the same court on November 1, 2010. On July 16, 2012, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime in the same court.

【Criminal fact-finding on October 30, 2020, the Defendant driven D-low-income vehicle under the influence of alcohol content of about 150 meters from around 20:18 to around 3, 2020 to about 0.113% from the 150-meter section of alcohol content in blood.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement of the circumstances of the driver of drinking alcohol, an investigation report (a report of the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (Attachment of judgment on driving alcohol), text of judgment, and copy of summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), the choice of imprisonment (the high level of alcohol content in blood, the defendant has four times the past he/she was punished for driving under drinking, and the past records of punishment for driving without a license, and the fact that he/she has the power of suspending the execution for driving under drinking, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to reduce the amount of loss (including the fact that there is a misunderstanding of any error, and the fact that the driving of the drinking of this case does not cause any traffic accident due to the driving of the drinking of this case);

1. Article 62(1) of the Criminal Act on the suspended execution (in addition to the grounds for mitigation of the above amount, considering that the defendant has only been punished three times by a fine, except for the punishment imposed by the records in the judgment);

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act to provide community service and attend lectures;