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(영문) 대구지방법원 포항지원 2020.03.25 2019고단1655
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

【Criminal Power】 The Defendant was sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act at the port support of the Daegu District Court on January 2, 2008.

【Criminal Administration” around December 3, 2019, the Defendant driven a f E220-car from the 1km section to the front road located in D, in the south-gu C at port, at the port of port, while under the influence of alcohol of 0.175% of the blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Place of criminal, report on detection of suspected criminal under violation of the Road Traffic Act (blood collection after measuring), report on the situation of driving under the influence of alcohol, notification on the results of the control of driving under the influence of alcohol, report on the state of driver under the influence of alcohol, report on the statement on the state of the driver under the influence of alcohol, and written appraisal on

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same type power attached) and other Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that Article 62-2 of the Criminal Act on Probation and Order to Attend Training contains high blood alcohol content and the defendant was sentenced to a fine for a violation of the Road Traffic Act even in 2002, this case is the third drinking driver. However, there is no penalty power other than the fine for a violation of the Road Traffic Act (driving) in the previous 2th 2th 2th 2th 2th 2th 2th 2002, and the fact that the defendant reflects wrong should be taken into account.

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