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(영문) 대구지방법원 포항지원 2018.10.12 2018고단1109

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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

[criminal history] On March 18, 2014, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court and the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court and the Port Branch of the Daegu District Court on December 27, 2010.

[2] On July 19, 2018, the Defendant, while under the influence of alcohol of 0.062% in blood, driven BK3 automobiles from approximately 500 meters in a section of approximately 500 meters to the front road of the 34-4 square meters in the same side from the front of the nive line, after sounding GS25 located in 109 to the front road of the nive line.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind) statute;

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;