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(영문) 대구지방법원 포항지원 2021.03.25 2021고단222
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 2, 2008, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. at the port support of the Daegu District Court (Tgu District Court).

On February 15, 2021, 02:25, the Defendant violated the provision prohibiting driving of drinking alcohol twice by driving a FM7 vehicle under the influence of alcohol level of about 0.083% in a 300-meter range from the front of convenience store C located in the north-gu, Mapo-si B to the front of the E Park in D located in the same city.

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 provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

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

1. The punishment of a fine of the same kind for the reason of sentencing under Article 62 (1) of the Criminal Act shall be imposed seven times, and considering that there is no record of punishment heavier than imprisonment without prison labor, drinking numerical distance, Defendant’s age, career experience, etc.;

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