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(영문) 대구지방법원 포항지원 2013.12.26 2013고단1195

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

On July 11, 2007, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving and Unlicensed Driving) in the Port Support of the Daegu District Court on July 11, 2007, and was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving and Unlicensed Driving) on January 30, 208.

On September 28, 2013, at around 23:05, the Defendant driven a B SM520 car with approximately 300 meters under the same south-ro road in front of a tea teahouse in the North-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Posi, with alcohol concentration of 0.150% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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