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(영문) 대구지방법원 포항지원 2021.03.25 2021고단231
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 April 2, 2007, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (refluence of drinking), and on June 4, 2008, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (refluence of drinking), and on April 13, 2009, the Defendant was issued a summary order of KRW 3 million for the same crime in the Daegu District Court Branch of the Daegu District Court.

On December 18, 2020, the Defendant, while under the influence of alcohol of 0.152% during alcohol during the blood transfusion around 20:40 on December 18, 2020, was in violation of the prohibition of drinking alcohol driving regulations by driving a Fworking car from approximately 1 km section from the front line of C located in Southern-gu B at port to the neighboring road in D at least twice.

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

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

1. The suspended sentence of Article 62(1) of the Criminal Act provides two times the same suspended sentence and fine for the reason of sentencing, each of which is high in drinking level, and thus punished by imprisonment with prison labor, but the same criminal records was prior to 2009 both, and the Defendant’s age and career were taken into account.

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