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(영문) 대구지방법원 포항지원 2020.05.27 2020고단318
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 February 18, 2008, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,00 as a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on February 18, 200, and a fine of KRW 1,50,000 as a same crime in the same

【Criminal Administration” around January 22, 2020, the Defendant driven a F observer car under the influence of alcohol with approximately KRW 0.052% alcohol level from the 5km section from the road located in North-gu, North-si, North-si, North-si, North-si, to the front road in the same Gu E.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the occurrence of a traffic accident, report on the actual condition, survey report, field photograph, report on the situation of a drinking driver, and report on the results of the drinking control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the third drinking driver, the blood alcohol concentration is not high, and other factors such as the Defendant’s punishment power and reflect, etc. are taken into account.

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