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(영문) 대구지방법원 포항지원 2015.06.24 2015고단274

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 became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 1, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on July 1, 2009, and on April 2, 2012, the Defendant was sentenced to a summary order of KRW 5 million by the same court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 23, 2015, at around 07:25, the Defendant driven a B tax with a degree of 0.131% alcohol level at the 0.131% alcohol level in the north-gu, Heunghae-gu, Seoul Metropolitan City, the Defendant driven the car at approximately 500 meters from the second front day of the 2nd day of the 1st day of the 2nd day of the 2nd day of the 2nd day of the 2nd day to the male

As a result, the defendant was a person with two times of drinking driving skills and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (report on confirmation of the same kind of power);

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 on the suspension of execution (the fact that there is no record of punishment exceeding the fine for the same kind of crime, etc.);