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(영문) 대구지방법원 포항지원 2021.03.25 2021고단212
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 5, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court.

On December 31, 2020, the Defendant violated the prohibition of drinking driving regulations on two or more occasions by driving Epoter-II cargo under the influence of alcohol concentration of about 0.206% from the 1km section from the south-gu B market in the south-gu B market to the front roads of D located in the same Gu C from around 1km in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act was relatively short, and the punishment was imposed as imprisonment in light of the fact that drinking volume is considerably high, and considering the Defendant’s age, occupation, and the same criminal record (one-time penalty).

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