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(영문) 대구지방법원 포항지원 2021.03.03 2021고단18
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 October 15, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Traffic Act on the road.

[Criminal facts] On December 13, 2020, the Defendant driven a F Kazon car from approximately 500 meters away from the road near C in the south-gu at port at port to the front road located in the same Gu, under the influence of alcohol level of 0.127% among blood transfusion around 23:30 on December 13, 2020.

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. Report on the circumstances of driving at home, investigation report, report on the circumstances of the driver at home, report on the driver at home, notification of the results of crackdown on driving under drinking, report on the search of the results of crackdown on driving under drinking, list of seizure, request for appraisal of blood alcohol concentration during blood, request for appraisal, response to requests for appraisal and appraisal, and written appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (a) shall apply;

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 (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no record of punishment except for punishment with the record in the judgment);

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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