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(영문) 대구지방법원 포항지원 2018.11.21 2018고단1294
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 16, 2007, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic law (drinking driving) in the port branch of the Daegu District Court. On May 21, 2008, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violating road traffic law (drinking driving) at the Busan District Court on May 21, 2008.

[2] On October 7, 2018, around 00:35, the Defendant driven B-do motor vehicle under the influence of alcohol concentration of approximately 0.127% in the 5km section from the front of the “Death-do Market” located in the Dong-dong, North-si, North-si, North-si, North-si, to the front road of the “W-si, Nam-gu, Seoul.”

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same kind of force), three copies of judgment, and application of summary order of Acts and subordinate statutes;

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;

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