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(영문) 대구지방법원 포항지원 2021.03.25 2021고단225
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 May 15, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the port branch of the Daegu District Court on May 15, 2012, and on February 7, 2018, the same court issued a summary order of KRW 4 million for the same crime.

On February 23, 2021, the Defendant violated the provision prohibiting driving of alcohol by driving a DNA motor vehicle with a alcohol level of about 0.159% from the 10km section around the port bus terminal located in Nam-gu, Southern-gu, Seoul-gu, Seoul-do to the front road located in the same city north-gu B at around 85, the Defendant violated the provision prohibiting driving of alcohol two times or more by driving a DNA motor vehicle with a alcohol level of about 10km.

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 Act on the Suspension of Execution is relatively short, and the defendant was punished by imprisonment in light of the same kind of criminal punishment (two times a penal penalty), high drinking level, and considerable driving distance, and considering the defendant's age, occupation, etc.

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