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(영문) 대구지방법원 포항지원 2018.07.05 2018고단569

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 September 18, 2006, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and on May 23, 2014, the same court issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven a B golf car from approximately 20 meters from the 20-meter distance intersection in the north-gu at the port of port to the road front of the port in the same Dong, while under the influence of alcohol level of 0.056% during the influence of light blood at around 05:28 on February 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the previous summary order).

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 has again been committed despite the past record of punishment, and that other crimes have not been committed);

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount (including the fact that there is no record of the same kind of crime exceeding a fine, the fact that there is no record of the crime, the fact that a mistake is recognized, and the attitude of reflecting it, etc.);

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

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