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(영문) 대구지방법원 포항지원 2021.03.03 2020고단1601
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

[criminal history] On August 16, 2019, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court.

[Criminal facts] On October 2, 2020, the Defendant driven a ENA-type car under the influence of alcohol content of about 0.093% while under the influence of alcohol content at approximately 0.093% from the Do in front of C in the south-gu, Nam-gu, Seoul to the front road of D apartment at the same time.

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

Summary of Evidence

1. A report on the occurrence of a traffic accident by a defendant's statutory statement, a photo at the scene of an accident, a survey report on actual condition, a written estimate, or a report on investigation (attached to

1. Notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, and investigation report (report on the situation of the driver of drinking);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), confirmation of the same record, and summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking), imprisonment with prison labor (the point of not lowering the amount of alcohol concentration in blood and the point of causing a traffic accident, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that a traffic accident was caused by driving under the influence of alcohol in this case, but the fact that a traffic accident was caused by driving under the influence of alcohol in this case is considered);

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 so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act to provide community service and attend lectures;

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