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(영문) 대구지방법원포항지원 2020.10.21 2020고단1179
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Power】 On February 21, 2018, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu Branch Support.

【Criminal Administration” around August 27, 2020: (a) around 09:55, the Defendant driven an EWz GL250d car in the state of alcohol with approximately 100 meters alcohol concentration from the 100-meter section from the public parking lot in North-gu B to the D cafeteria in the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on detection of a violation of the Road Traffic Act, report on the state of a driver of a driving under the influence of alcohol, report on the results of the regulation of a driving under the influence of alcohol, and report on the internal history on the 112 report processing table (as to attachment of a drinking vehicle and on

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 of 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. The sum of fines including probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act, the degree of blood alcohol content and the crime of violating the Road Traffic Act in 2000 shall be considered as the third drinking driving, the last drinking driving at intervals of time from the last drinking driving, and other punishment power and reflectivity, etc.;

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