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(영문) 대구지방법원포항지원 2020.11.13 2020고단1277
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 October 4, 2012, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.

【Criminal Administration” around 01:10 on August 31, 2020, the Defendant driven a D liquid sports vehicle in the state of alcohol alcohol concentration of about 0.202% at the section of approximately 1.5 km from the front of the house of the person who is located near the Ansan-si B to the front of the Crd Road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the offender's place, the statement on the state of his driving, and notification of the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of records of sound driving);

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 shall be taken into account the blood alcohol concentration for the reason of sentencing, the second drunk driving, the first drunk driving, the time interval with the first drunk driving, and other penal power, reflectivity, etc.;

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