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(영문) 대구지방법원 포항지원 2021.03.09 2020고단1656
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 15, 2018, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Port Support on the part of the Defendant.

On October 13, 2020, the Defendant violated Article 44(1) of the Road Traffic Act at least twice by driving a E-Poter vehicle under the influence of alcohol concentration of about 0.092% in the 1km section from the north-gu apartment site in the north-gu, Mapo-si to the front of the D in the same Gu C from around 01:20 to the front road in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act was relatively short, and thus, the Defendant was punished as imprisonment with prison labor, and considering the fact that the Defendant’s age, career, and imprisonment without prison labor or any heavier punishment was not committed.

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