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(영문) 대구지방법원 포항지원 2021.03.26 2020고단1540
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

Punishment of the crime

[Power of crime] On November 1, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court.

[2] On November 14, 2020, the Defendant driven a DNA-free car with a alcohol content of about 2.5 km from around the Han River basin near the Young River basin located in the north-gu Two-dong at the port of port on November 14, 2020 to the front road located in the same Gu C in the same Gu (hereinafter referred to as “the Defendant”), with a alcohol content of about 0.151%.

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 who is to take charge of driving, investigation report (report on the situation of the driver who takes charge of driving), notification of the results of regulating the driving of drinking, and inquiry into the results of regulating the driving of drinking ( November 14, 202

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (the influence of a suspect's drinking alcohol driving), assistance in distribution 2013, and application of summary order 5645 Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, and the choice of imprisonment (in consideration of the fact that the blood alcohol concentration is high, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act to reduce the amount of loss (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has been punished by a fine, including the records of the judgment, three times the punishment of the fine);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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