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(영문) 대구지방법원 포항지원 2021.03.23 2021고단12
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 17, 2012, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the port of the Daegu District Court.

On December 19, 2020, the Defendant driven B K7 car under the influence of alcohol level of about 0.126% in a section of approximately 3km from the 3km to the 620 Korean polytex road on the road near the f.o., the Nam-gu Seoul Metropolitan City Sporo, Seoul Metropolitan City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than 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. As a whole, the criminal records of the same kind of criminal punishment (3 times a punishment), the drinking numerical distance, and the circumstances immediately after detection of the sentence for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, were punished by imprisonment, but the defendant's age and family relation were considered.

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