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(영문) 대구지방법원 포항지원 2019.05.16 2019고단146

도로교통법위반(음주운전)

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, at the port branch of Daegu District Court on September 3, 2007, and on September 5, 2016, the Defendant issued a summary order of KRW 1,00,000 as a fine for the same crime in the same court.

At around 15:40 on January 2, 2019, the Defendant driven an Eone Star vehicle under the influence of alcohol content of about 0.140% from the 1km section from the roads near the north-gu B market in Sposi to the roads in front of the same Gu C apartment Ddong.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that selects the punishment for a crime [the selection of imprisonment and the blood alcohol concentration level, etc. shall be taken into account];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the violation of an error and the fact that a traffic accident has not been caused from the driving of this case);

1. Article 62 (1) of the Criminal Act on the suspended execution [Considering the grounds for discretionary mitigation and the fact that there is no criminal record subject to suspended execution or more severe punishment since 200];

1. Order to attend lectures under Article 62-2 of the Criminal Act;