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(영문) 대구지방법원포항지원 2020.11.30 2020고단1425
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 November 18, 2013, the Defendant was sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Port Support, etc.

【Criminal Administration” around October 17, 2020: (a) around 07:25, the Defendant driven a DM5-car while under the influence of alcohol 0.106% of the blood alcohol concentration at approximately 20km from the front road of the north-gu, Northern-si to the front road of 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 report on the occurrence of a traffic accident, a report on the state of a driving driver, a report on the state of his/her standing, a report on the control of drinking driving, a report on a traffic accident, and a photograph

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (a summary order of a suspect's 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. Considering that probation, community service, and lecture attendance order’s degree of blood alcohol content on the grounds of sentencing under Article 62-2 of the Criminal Act, and the record of fines for violation of the Road Traffic Act in 2010 and August 16, 2013, the fourth drinking driving, the last drinking driving at drinking, the interval between time and time, the defendant’s reflection, and other penal power shall be considered.

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