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(영문) 대구지방법원 포항지원 2019.05.01 2019고단287

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On May 15, 2009, the Defendant was issued a summary order of KRW 700,000 by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 1,00,000,000,000,000,000,000,000 for the same crime from the Port Support of the Daegu District Court on April 11, 201

(2) On March 1, 2019, the Defendant driven a FSM5 vehicle under the influence of alcohol by 0.105% in a section of approximately 800 meters from the Do in front of the restaurant located in the north-gu, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si, to the front road of the E pharmacy located in the north-gu, Gyeongpo-si, Gyeongpo-si, Gyeongpo-si.

As a result, the Defendant had been punished for drinking driving more than twice, but has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records of a suspect) - Application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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