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(영문) 대구지방법원 포항지원 2020.07.22 2020고단682
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

Criminal facts

【Criminal Power】 On February 2, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court, and a fine of KRW 2 million for the same crime at the same court on June 1, 2011.

【Criminal Administration” around 01:50 on May 16, 2020, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of approximately 0.149% from the 3km section from the north-gu B apartment road in the north-gu at Port to the front of the old C apartment road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a case under violation of the Road Traffic Act, reporting on the state of the driver under influence, and notification of the results of the regulation of the drinking driving;

1. Each report on internal investigation:

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, the content of blood alcohol content is high, the third drinking driving is deep, the deep night driving may cause a big accident if to occur, and the defendant's reflection, other punishment power, etc. shall be taken into account.

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