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(영문) 대구지방법원 포항지원 2019.09.05 2019고단758
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 15, 2011, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on September 15, 201, a summary order of KRW 1.5 million for the same crime in the same court on March 12, 2015, and a summary order of KRW 1.5 million for the same crime in the same court on October 14, 2015 and was punished for drinking driving two times or more.

On April 8, 2019, around 05:14, the Defendant driven an Eststren vehicle while under the influence of alcohol leveling 0.089% of blood alcohol level at approximately 50 meters from the Do in front of the building Nam-gu B to the roads front of the D convenience point in C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037, Dec. 24, 2018) which provides applicable legal provisions concerning criminal facts and Article 148-2 (1) 1 and 44 (1) of the Act on the Selection of Punishment for Imprisonment with Labor

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1248, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act on the suspended sentence (see, e.g., Article 62 (1) of the Criminal Act)

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

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