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(영문) 대구지방법원 포항지원 2017.11.09 2017고단1173

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On August 17, 2009, the Defendant issued a summary order of KRW 1,50,000 to a fine of KRW 1,000,000 to a violation of road traffic law at the port branch of the Daegu District Court on August 17, 2009; and on April 1, 2013, the same court issued a summary order of KRW 1,00,000 to a fine of KRW 20,000 to the same crime / [criminal fact] Notwithstanding the fact that the Defendant was punished for driving under drinking twice as above, the Defendant driven a motor vehicle that was under the influence of alcohol of KRW 0.101% among blood alcohol during the port at around 00:50 on September 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (report attached to a summary order of the same kind of power);

1. Relevant Article of the Act and Articles 148-2 (1) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake is divided; (b) the Defendant has no particular criminal record in addition to the fine; and (c) the Defendant’s age, environment, and sexual conduct, etc., which are the conditions for sentencing specified in the argument of the instant case, shall be determined as ordered in full view of all the circumstances.