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(영문) 대구지방법원 포항지원 2017.05.17 2017고단261

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

On August 18, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws in the Daegu District Court Port Branch on the following grounds: (a) on June, 2009, the Defendant was sentenced to a suspended sentence of two years; and (b) on January 22, 2014, issued a summary order of five million won for the same crime in the same court.

On February 25, 2017, at around 02:00, the Defendant driven a vehicle with C highest typon in the state of alcohol concentration of 0.101% under the influence of alcohol from approximately 1km section from the front side of the restaurant in the south-gu Gyeongdo-dong to the front side of the other Do-dong in the same Gu-do-dong.

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: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment on driving alcohol), and statutes;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;