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(영문) 대구지방법원포항지원 2020.09.16 2020고단1063
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 December 18, 2006, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.

(1) On July 30, 2020, the Defendant driven an E-high-speed car at a distance of about 200 meters from the south-gu apartment to the adjacent road of the D real estate located in C, in the direction of approximately 00 meters, while under the influence of alcohol concentration of about 0.117%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act, notification of the results of the control of drinking driving, report on the state of drinking drivers, and response to requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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 shall be taken into account the blood alcohol concentration on the grounds of sentencing in Article 62-2 of the Criminal Act, the second drinking driving, the first drinking driving at intervals of time from the second drinking driving, and other punishment power and reflectivity, etc.

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