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(영문) 대구지방법원 포항지원 2021.01.27 2020고단1481
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 Records of Crimes】 On December 10, 2007, the Defendant was issued a summary order of KRW 1,500,000,000 as a crime of violating the Road Traffic Act in the Family Court of Daegu.

【Criminal facts】 On October 23, 2020, the Defendant driven a two-wheeled vehicle under the influence of alcohol content of about 2 km from around 14:0 to around 14:00 on the south-gu, Nam-gu, Chungcheongnam-gu, Seoul, to the front roads located in the same Si-Gu C, while driving a two-wheeled vehicle under the influence of alcohol content of about 0.219%.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, investigation report (report on the situations of the driver under driving under driving under driving under driving under driving under

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (Attachment of judgment on driving alcohol), and a copy of a 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), and the choice of imprisonment (the fact that the blood alcohol concentration is very high in light of the fact that the blood alcohol concentration is very high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to reduce the amount of loss (including the fact that there is a misunderstanding of any error, and the fact that the driving of the drinking of this case does not cause any traffic accident due to the driving of the drinking of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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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