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(영문) 대구지방법원 포항지원 2017.08.17 2017고단741

도로교통법위반(음주운전)

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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

[criminal history] On April 2, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the port support of the Daegu District Court (Daehan) and a summary order of KRW 5 million for the same crime at the same court on October 15, 2013, respectively.

[2] On June 12, 2017, the Defendant driven B-low-water vehicle under the influence of alcohol content of approximately 0.095% in a section of about 200 meters from a mutual influence restaurant in the Yong-gu, Yong-gu, Yongcheon-gu, Ocheon-gu, Seoul to the front day of the Dong-dong-dong-dong, U.S. in the same Ri.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Previous records: Application of the results of inquiry and investigation reports (Attachment to the previous decisions) Acts and subordinate statutes;

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 accused is divided by mistake; (b) the accused does not have any particular criminal record in addition to the fine; and and and (c) the sentencing conditions specified in the pleadings of this case, including the accused’s age, environment and sexual conduct, shall be determined as ordered by taking into account all the circumstances.