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(영문) 대구지방법원 포항지원 2020.07.22 2020고단721
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 6, 2017, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Administration” around April 2, 2020: (a) around 02:30, the Defendant driven CA6 U-D-did-di-car under the influence of alcohol 0.205% from the 5km section of alcohol alcohol content from the roads in front of the Defendant’s residence located in Yong-gu, Nam-gu, Nam-gu to the south-gu, Yong-gu, Yong-gu, Yong-gu, the same city.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, report on actual condition of the accident, photographs of the accident site, report on the actual state of the drinking driver, notification of the results of the drinking-driving control, and written estimate (road, etc.,

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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 under Article 62-2 of the Criminal Act is highly high in alcohol concentration for the reason of sentencing, the first drinking driving is narrow in time distance from the first time, there is no penalty power other than the stated criminal power, and the defendant reflects the mistake.

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