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(영문) 대구지방법원포항지원 2020.11.20 2020고단1312
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 September 9, 2015, the Defendant was sentenced to a fine of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Administration” around September 5, 2020, the Defendant driven a Dcom-sports cargo vehicle under the influence of alcohol content of about 0.127% from the 5km section of the 5km section from the cafeteria’s ground parking lot of the same Gu, where the trade name in the north-gu death movement at the port is unknown, at around 20:25 on September 5, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of any case of the violation of the Road Traffic Act, reporting on the state of the driver, reporting on the state of the driver, and reporting on the control of the drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

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, including the degree of blood alcohol concentration on the grounds of sentencing, and fines for the violation of the Road Traffic Act of 2000, shall be considered as the third drinking driving, the second drinking driving at intervals of time from the second drinking driving, the defendant's reflectivity, and other penal power;

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