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(영문) 대구지방법원포항지원 2020.11.30 2020고단1432
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 August 16, 2011, 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.

【The Defendant, as a person who had a alcohol driving force as above, driven a FTrack vehicle under the influence of alcohol with approximately 0.115% of alcohol concentration from the section of approximately 3km from September 17, 2020 to the section of E, located in the north-gu, North-gu, North-si, North-si, Pohang-si, Pohang-si, B, to the front road in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's place, the statement on the state of his driving, and notification of the results of the drinking driving control;

1. Previouss before judgment: Criminal records, references to each disposition, and the application of Acts and subordinate statutes reporting the results of confirmation;

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. Probation and lecture attendance order shall be taken into account the blood alcohol concentration on the grounds of sentencing under Article 62-2 of the Criminal Act, the second drinking, the first drinking driving, the distance between time and time, the defendant's reflectivity and other penal power, etc.

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