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(영문) 대구지방법원 포항지원 2021.02.10 2020고단1508
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

【Crime of Crimes】 On February 9, 2017, the Defendant was sentenced to a suspended sentence of two months for a period of eight months due to a crime of violating the Road Traffic Act and a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving) at the Daegu District Court.

【Around 06:50 on September 29, 2020, the Defendant driven a vehicle Eniboo in the state of alcohol alcohol concentration of approximately 0.139% from the section of approximately 300 meters from the front of the apartment site B in order to the roads next to the DNA veterinary hospital located in the same city C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation report (the same type of crime records);

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, and the selection of criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Code of the Order to Attend a lecture takes into account the amount of alcohol content, time interval between the first drinking, the only punishment power, and the criminal motive and circumstance, the defendant's reflectivity, etc.

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