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(영문) 대구지방법원 포항지원 2020.06.17 2020고단564
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】 On September 1, 2006, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Administration” around 18:04 on May 2, 2020, the Defendant driven a F rocketing car with the blood alcohol concentration of about 0.144% from the 9km section from the front of the C cafeteria located in the north-gu, Mapo-si B to the front of the E in the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on occurrence and autopsy of cases in violation of the Road Traffic Act, reporting on the state of a driver of a driving school, and reporting on the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Probation and lecture attendance order under Article 62-2 of the Criminal Act shall be taken into account such factors as the blood alcohol concentration and degree of alcohol content for the reason of sentencing, distance between the previous one and the previous one, the defendant's other penal power and reflectivity, etc.;

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