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(영문) 대구지방법원 포항지원 2021.01.27 2020고단1354
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal history] On September 1, 2010, the Defendant was issued a summary order of KRW 1.5 million by the same court as the same crime in the case of violation of the Road Traffic Act at the port support of the Daegu District Court (Drink) on December 15, 201, and on October 14, 2020, issued a summary order of KRW 2 million by the same court. On October 22, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime at the same court, and the judgment became final and conclusive on October 22, 2020.

[Criminal facts] On August 15, 2020, the Defendant driven an electric scoo under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.185% at a 100-meter section from the roads adjacent to the Northern-si, Northern-si, B, to the cases adjacent to the same C Hospital.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the vehicle driving, investigation report (report on the situation of the driver at the vehicle driving), notification on the results of the crackdown on the driving of alcohol, and inquiry into the results of the crackdown on the driving of alcohol ( August 15, 2020), report on internal investigation (with respect to the driver at the vehicle driving by the person suspected of being suspected), report on the handling of reported cases, and report on internal investigation (related to the electrical scoo);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), the choice of imprisonment (the high level of alcohol content during blood, the Defendant has four times the driving power, two times the driving power, the Defendant has two times the driving power, the United Nations suspended sentence during the driving power, and the fact that there is a high possibility that the instant crime is being committed during the investigation into driving under the judgment, etc.)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the error is against the wrong, the traffic accident is not caused due to the driving of the drinking in this case, the defendant should take into account the equity with the case of being sentenced simultaneously with the crime of driving under the influence of alcohol in this case, and driving of the defendant.

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