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(영문) 대구지방법원 포항지원 2021.02.03 2020고단1567
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

Punishment of the crime

[Power of crime] On April 16, 2007, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court.

[ 범죄사실] 피고인은 2020. 11. 6. 02:35 경 포항시 북구 B에 있는 C 식당 앞 도로에서부터 같은 구 D에 있는 E 편의점 앞 도로에 이르기까지 약 1.8km 구간에서 혈 중 알코올 농도 0.169% 의 술에 취한 상태로 F 팰 리 세 이드 승용차를 운전하였다.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, investigation report, notification of the results of regulating the driving of drinking, and inquiry into the results of regulating the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, and the choice of imprisonment (in consideration of the fact that the blood alcohol concentration is high, 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 suspension of execution (Article 62 (1) of the Criminal Act on the grounds for reduction of the amount of the above small-scale imprisonment (Article 62 (1) shall

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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