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(영문) 대구지방법원포항지원 2020.10.07 2020고단1013
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 January 18, 2017, the Defendant was sentenced to a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act, at the port support of the Daegu District Court.

【Criminal Administration” around July 16, 2020, the Defendant driven DK5 vehicle under the influence of alcohol with approximately 150 meters alcohol concentration of about 0.206% from the 150-meter section to the south-gu road at port in the port of port from the 06:54 on July 16, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the state of a driver with a driver with a driver with a driver's standing, a report on the results of the drinking driving control, a report on the actual condition of an accident, a photograph of the scene of the accident, and a

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 shall take into account the degree of blood alcohol concentration on the grounds of sentencing in Article 62-2 of the Criminal Act, the second drinking driving, distance between the first drinking driving and the time, the defendant's reflectivity and other punishment power, etc.

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