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(영문) 대구지방법원포항지원 2020.11.13 2020고단1168
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 20, 2013, the Defendant was sentenced to a fine of KRW 3.5 million as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.

【Criminal Administration” around August 24, 2020, the Defendant driven D Poter truck under the influence of alcohol content of about 1k from the 1km section to the front road of the Cagency located in the same Gu from the roads adjacent to the port bus terminal located in the south-gu B at port on August 24, 2020 to the road located in the same Gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act, reports on the state of their driving, and notification of the results of the regulation of drinking driving;

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

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, community service, and lecture attendance order under Article 62-2 of the Criminal Act, together with the amounts of blood alcohol concentration on the grounds of sentencing, and fines for the violation of the Road Traffic Act in 2006, the third drinking driving, the second drinking driving at intervals from drinking driving, the defendant's other penal power and reflectivity, etc. shall be considered.

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