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(영문) 대구지방법원포항지원 2020.11.30 2020고단1436
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 March 10, 2016, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, at the port support of the Daegu District Court.

【Criminal Administration” around October 24, 2020: (a) the Defendant driven a E-high-est car from approximately 10 meters away from the front side of the “C” located in the north-gu, Mapo-si, Mapo-si, Mapo-si, and the front side of D, while under the influence of alcohol at least 0.104% of the blood alcohol content around 01:48.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a violation of the Road Traffic Act, report on the state of a driver who drives a motor vehicle, report on investigation into notification of the results of the regulation of a drunk driving (the details of the regulation and on-site photographs);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;

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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