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(영문) 대구지방법원 포항지원 2021.03.25 2021고단20
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 July 2, 2013, the Defendant was issued a summary order of KRW 150,00,000 as a fine for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 2, 2013, and KRW 1.5 million as a fine in the same court on October 24, 2014.

On December 28, 2020, the Defendant violated the provision on prohibition of drinking by driving a frop vehicle with alcohol concentration of about 0.071% in the blood alcohol level at about 300 meters from the Do in front of the Nam-gu apartment B apartment, Nam-gu, Seoul to the road adjacent to D apartment E-dong, at around 200 meters from the Do in front of the Gu, and by driving a frop vehicle with a alcohol level of at least two times.

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 Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The records of the same criminal punishment (two times a punishment) for the reason of sentencing under Article 62 (1) of the Criminal Act in the suspension of execution, the drinking numerical distance, the background of the crime, the defendant's age, occupation, career, family relationship, etc.;

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