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(영문) 대구지방법원 포항지원 2018.09.05 2018고단792

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

[criminal history] On October 15, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) from the Daegu District Court Port Branch on October 15, 201, and a summary order of KRW 4 million as a fine in the same court on January 23, 2015.

[Criminal facts] On July 13, 2018, the Defendant driven B K7 cars from the 1km section to the roads of the 21st Saemaeul road at the port, in the state of drunk alcohol concentration of 0.144% in blood, around July 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of the same kind of force),- Application of two copies of summary orders;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;