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(영문) 대구지방법원 포항지원 2021.03.25 2020고단1369
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 January 27, 2014, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (drinking driving) in the Seogu District Court Branch of the Daegu District Court.

On October 15, 2020, the Defendant driven a Dok-dong Dok-do Dok-do Dok-do Dok-dong, with approximately 200 meters alcohol concentration of approximately 0.070% from the Do to the front roads in the same Gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong Do.

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 legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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

1. In full view of the records of the same criminal punishment (five times a punishment) and drinking numerical distance for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the punishment was imposed as imprisonment, but the Defendant’s age, career, etc. was considered.

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