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(영문) 대구지방법원 포항지원 2018.05.03 2018고단273

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2010, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving) at the port branch of the Daegu District Court (Seoul District Court) on January 15, 201, and a summary order of KRW 4 million as a fine in the same court on March 15, 2012.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on March 7, 2018, the Defendant driven a BSP car from the road front of the bus terminal located in the south-gu upstream-dong at the time of port at the time of port in the state of alcohol level of 0.089% from March 7, 2018 to the front day of the same Gu, the Defendant driven a BSP car from around 700 meters from the road front of the bus terminal located in the south-gu upstream-dong at the time of port.

Summary of Evidence

1. Statement by the defendant in court;

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 (a copy of the previous summary order attached thereto);

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 (to take into account the circumstances, such as the fact that the pertinent crime has been committed again even though the person had been punished twice due to drinking driving);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Articles 55 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Do1488, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);