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(영문) 대구지방법원 포항지원 2019.05.22 2019고단378

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 April 15, 201, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daegu District Court Port Support on April 15, 201, and a person who was sentenced to a suspended sentence of two years for six months for a violation of the Road Traffic Act in the same court on December 17, 2015.

[criminal facts] Although the Defendant had been punished due to drunk driving on at least two occasions, such as the record of criminal records, the Defendant driven Fpoter cargo at approximately 0.128% under the influence of alcohol in the direction of approximately 500 meters from the Do in front of the North Korean Port, Gyeong-gu, Gyeongbuk-gu, Gyeongbuk-si, B around March 22, 2019 to the front road of the E Bank located in the North Korean Port, Gyeong-gu, Gyeong-si, Gyeong-si, Gyeong-si.

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), copies of summary orders, and copies of written judgments;

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. Probation and community service order under Article 62-2 of the Criminal Act;