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(영문) 대구지방법원포항지원 2020.11.30 2020고단1411
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 January 13, 2016, the Defendant was sentenced to a fine of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.

(1) On September 5, 2020, the Defendant driven a e-learning car at approximately 300 meters away from September 5, 2020 to the D's entrance-distance road located in the same Gu C from the north-gu, North-gu, North-si, North-si, North-si, the Defendant driven a e-learning car under the influence of alcohol level of about 0.121%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the F;

1. Report on the occurrence of a traffic accident, report on the actual condition, photographs of the scene of the accident, report on the state of the driver, report on the state of the driver, and report on the results of the

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

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, the first drinking driving, the distance between time and time, the defendant's reflectivity and other punishment power, etc.

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