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(영문) 대구지방법원 포항지원 2021.01.27 2020고단1522
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【Criminal Force】 On September 1, 2017, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act in the Port Support of the Daegu District Court.

【The Defendant driven a F mother-free car under the influence of alcohol content of about 500 meters from the front side of the road located in the Northern-si B of 22:53 on October 22, 2020 to the front side of the E in the same Gu, from approximately 500 meters away from the 500-meter section of alcohol content in blood.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of any case under violation of the Traffic Act on roads, a written statement of the driver under driving, notification of the results of crackdown on the driving of alcohol, and a ledger of the driver under influence of alcohol;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same record as drinking driving) statute;

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, and the selection of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. This case’s three alcohol driving, crime motive and circumstance, reflectivity, etc. shall be taken into account, based on the protection and observation, the numerical value of alcohol during the sentencing of Article 62-2 of the Criminal Act, and the driving of alcohol in the year 2002.

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