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(영문) 대구지방법원 포항지원 2018.11.01 2018고단1076

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 July 2, 2007, the Defendant issued a summary order of KRW 1,50,000,000 for a fine due to a violation of road traffic law (driving), and a summary order of KRW 6,00,000 for a fine by the same court on July 12, 2013.

Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, on August 15, 2018, the Defendant driven BL125 U-Engine bicycle in the section of approximately 20 km to the front of the 890 Cheongg-ro 1120 BL125 U-Engine at the front of the road of the 1120 Cheongg-gu, the south-gu, Hog-gu, Hog-gu, Hogu, Hog-gu, the 15th alcohol level at around 18:5 on August 15, 2018 while under the influence of alcohol level at 0.09%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, surveys on actual condition, and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation reports;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (with the previous record of punishment twice due to driving under drinking, taking into account the fact that the instant crime was committed again, and the occurrence of a traffic accident while driving under drinking, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (the fact that it is a crime caused by the operation of otoba, the fact that there is no record of the same crime exceeding a fine, the fact that there is no record of the same crime beyond a fine, and the fact that a mistake is recognized and reflect

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

1. An order to attend a course under Article 62-2 of the Criminal Act;