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(영문) 대구지방법원 포항지원 2017.07.05 2017고단399

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 May 9, 2003, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of road traffic law at the Incheon District Court on December 1, 2008, the summary order of KRW 2 million to a fine for the same crime from the distribution branch of the Daegu District Court on December 1, 2008, and the summary order of KRW 5 million to a fine for the same crime at the same court on April 17, 2012.

On April 3, 2017, the Defendant driven, against South-gu, at around 05:00, Bone Star Track in the state of alcohol alcohol concentration of approximately 0.147% from around 30 meters in 162-ro 26-7, Jung-ro, Jung-gu, 162, Jung-gu, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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 in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of violations of the regulations prohibiting drinking, not less than twice);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment (in cases of previous criminal records, such as two-time driving of drinking, two-time driving without a license, two-time driving without a license, and two-time driving without a license)

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;