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(영문) 대구지방법원 포항지원 2021.03.16 2021고단89
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 2, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and a summary order of KRW 1.5 million for the same crime at the same court on September 6, 2012.

On January 14, 2021, the Defendant driven CMW car while under the influence of alcohol content of about 0.069% in a section of approximately 1m in the Southern-gu B Studio parking lot, Nam-gu, Nam-gu, Seoul.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than 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 provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);

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

1. The sentence of imprisonment was imposed once in consideration of the same kind of sentence for the reason of sentencing under Article 62(1) of the Criminal Act and the two times of the fine, and the numerical distance of drinking alcohol and the age of the defendant was taken into account.

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