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(영문) 대구지방법원 포항지원 2019.03.21 2019고단7

도로교통법위반(음주운전)

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The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2006, the Defendant issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on December 1, 2006, a summary order of KRW 3 million issued by the same court for the same crime, etc., on two or more occasions.

On December 19, 2018, the Defendant driven a e-car under the influence of alcohol with approximately 100 meters of blood alcohol concentration of about 0.122% from the Do in front of the residence of the Republic of Korea, Nam-gu, Nam-gu, Seoul, to the roads in front of D.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the results of the control of drinking driving, the report on the situation of drinking drivers, and the making of each occasion of the vehicle;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that have the criminal records sentenced to a fine of four times due to the choice of imprisonment, driving under the influence of alcohol and driving without obtaining a license) of the option of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the following factors: the fact that the driver’s license holder reflects wrongs, the fact that there is no criminal record exceeding the fine, and the fact that no particular damage has occurred in a traffic accident caused by the driving of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for discretionary mitigation repeated);

1. Order to attend lectures under Article 62-2 of the Criminal Act;