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(영문) 대구지방법원 포항지원 2017.12.06 2017고단1303
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

On July 15, 2010, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law (drinking driving), and a summary order of KRW 2 million for the same crime in the same court on July 1, 2014.

Although the Defendant was punished for drinking two or more times as above, on September 28, 2017, while under the influence of alcohol content of 0.104% during blood transfusion at around 01:00, the Defendant driven Brocketing car from the 5km section of approximately 7 km to the coast of the port of the same Gu to the coast of the port of the same port and the front of the port of port.

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: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to the previous summary order) statute;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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