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(영문) 대구지방법원 포항지원 2019.03.06 2019고단50

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 October 1, 2008, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act at the port branch of the Daegu District Court on October 1, 2008, and on December 3, 2012, the same court issued a summary order of KRW 2 million for the same crime and was punished for drinking driving two times or more.

On January 8, 2018, the Defendant driven a DNA car with a blood alcohol concentration of 0.131% under the influence of alcohol at approximately fivem of the road in the south-gu B at port on January 8, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The actual condition survey report;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, investigation reports, and application of 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. Order to attend lectures under Article 62-2 of the Criminal Act;