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(영문) 대구지방법원 포항지원 2018.10.05 2018고단1077

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 24, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the Daegu District Court Port Support on December 24, 2013, and on September 9, 2015, the same court issued a summary order of KRW 1.5 million for the same crime and was punished for drinking driving two times or more.

On August 21, 2018, the Defendant driven a coo car in B with approximately KRW 500 meters alcohol concentration of 0.118% in alcohol, from the Southern-gu, Nam-gu, Seoul-gu, Seoul-si, to the 55-day long distance in front of the police station in the south-gu, Southern-gu, the Republic of Korea: (a) around 04:28, the Defendant driven a coo car in the state of under the influence of alcohol content of at least 0.118% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of that type of force),- Application of summary order statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. An order to attend a course under Article 62-2 of the Criminal Act;