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(영문) 대구지방법원 포항지원 2021.03.16 2021고단129
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 3, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the port branch of the Daegu District Court on November 3, 2008, and a summary order of KRW 4 million for the same crime at the same court on April 1, 2013, respectively.

On December 2, 2020, the Defendant violated the provision prohibiting driving of alcohol by driving a motor vehicle of 0.075% alcohol while under the influence of alcohol at approximately 500 meters from the road in front of the store in the north-gu, Ma-gu, Ma-si, Ma-si, Ma-si, to the road in front of the E agency located in the north-gu, Ma-si, Ma-si, Ma-si, at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act, the numerical distance of drinking alcohol, and the result of the crime, etc. are to be punished by imprisonment; however, the two times a fine of the same kind has no record of criminal punishment; the time interval between the previous criminal record and the present criminal case; and the Defendant’s age.

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