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(영문) 대구지방법원 포항지원 2018.07.05 2018고단534

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 October 28, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) from the Daegu District Court Port Support on the same day, and on November 29, 2017, the Defendant issued a summary order of KRW 3 million as a fine for the same crime in the same court.

Although the Defendant had been subject to punishment twice or more due to a violation of the Road Traffic Act (drinking) as above, on April 21, 2018, the Defendant driven B A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

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 (with the previous record of punishment twice due to driving under drinking, it again leads to the instant crime, and consideration is given, such as the fact that the numerical value of alcohol level among the blood transfusion of this case is considerably high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1

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;