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(영문) 대구지방법원포항지원 2020.10.07 2020고단1142
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 May 23, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on May 23, 2014, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving on September 21, 2016).

[Attachment] On August 11, 2020, at least 04:25, the Defendant driven “E” under the influence of alcohol concentration of about 0.059% from the front of the “C” main point in the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, to the front road of the same Gu, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, records of the accident, photographs of the scene of the accident, traffic accident report, report on the detection of a traffic accident, report on the driver under influence of alcohol, report on the situation of the driver under influence of alcohol, and report on the results of the control of

1. A previous conviction: A written inquiry result, and application of the same criminal records-related Acts and subordinate statutes;

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 third drinking driving, the reflection of the accused and other punishment records, etc.

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