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(영문) 대구지방법원포항지원 2020.10.14 2020고단872
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 October 25, 2016, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court’s Port Support.

【Criminal Administration” around June 27, 2020: (a) the Defendant driven a D-wing truck under the influence of alcohol with approximately 0.152% of the blood alcohol concentration from the packing horse in the Southern-gu B at port to the C-Road at approximately 4km.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of suspects in violation of the Road Traffic Act (driving), reports on processing 112 reports, notification of the results of the control of drinking driving, and reports on the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment 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 shall be taken into account the blood alcohol concentration on the grounds of sentencing in Article 62-2 of the Criminal Act, the second drinking driving, and other punishment records, reflectivity, etc.

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