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(영문) 대구지방법원 포항지원 2019.07.25 2019고단712
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

[criminal power] On September 3, 2012, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on September 3, 2012, and the same court on December 10, 2015 issued a summary order of KRW 1,50,000 as a fine for the same crime.

【Criminal Facts】

Although the Defendant had been punished for drunk driving twice or more, on May 17, 2019, the Defendant driven a F K5 vehicle while under the influence of alcohol with approximately 0.150% alcohol level 0.150% at a distance of about 500 meters from May 17, 2019 to the front road of the E clubs located in North-gu D at the port from the Do in North-gu, North-gu, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and 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);

1. Article 62 (1) of the Criminal Act on the stay of execution (Embrying that there is no past record of the punishment heavier than that of the suspended execution or that of the suspended execution);

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

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