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(영문) 대구지방법원포항지원 2020.11.11 2020고단1274
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 16, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the port of the Daegu District Court.

【Criminal Administration” around 15:40 on August 7, 2020, the Defendant driven a DNAS car with approximately two meters away from the road in the C parking lot located in North-gu B at port at port, while under the influence of alcohol by 0.170% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the occurrence of a traffic accident, report on the state of a driver with a driver with a driving license, report on the control of drinking driving results, report on traffic accident (1, 2) actual condition, and photograph of the scene of the accident;

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. Probation and lecture attendance order under Article 62-2 of the Criminal Act takes into account the blood alcohol concentration, the distance from drunk driving, the second drinking driving, the distance from time to time from the first drinking driving, the accused’s penal power, reflectivity, etc.

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