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(영문) 대구지방법원 포항지원 2018.05.17 2018고단372

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 23, 2011, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) at the port branch of the Daegu District Court on February 23, 201, and a summary order of KRW 1,50,000 as a fine for a violation of road traffic law in the same court on March 14, 2016.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on February 20, 2018, the Defendant driven a B-free car from the road located in the south of the Northern-gu, YY-gu, Mapo-gu, Mapo-gu, Mapo-gu, Mapo-ri, the flow of alcohol level of 0.064% under the influence of alcohol level from around 00:58 on February 20, 2018 to around 300 meters prior to the gas station in the north-gu, Mapo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (including the following circumstances: (a) there may be room for consideration in the course of driving alcohol; (b) the volume of alcohol concentration among the blood transfusion of this case is not high; (c) there is no history of crime exceeding a fine; and (d) there is no history of crime exceeding a fine; and (e) the fact that a mistake is recognized and a serious reflect is taken into account;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);