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(영문) 대구지방법원 포항지원 2013.03.28 2013고단52
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2008, the Defendant was notified of a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the port branch of Daegu District Court on November 3, 2008. On June 1, 2009, the Defendant was notified of a summary order of KRW 3 million for a crime of violation of the Road Traffic Act. On November 2, 2009, the Defendant was notified of a summary order of KRW 3 million by the same court on November 2, 2009, and was notified of a summary order of KRW 3 million for a crime of violation of the Road Traffic Act. The Defendant was a person who violated Article 44(1) of the Road Traffic Act more than twice.

At around 18:30 on December 7, 2012, the Defendant, while under the influence of alcohol at a 0.172% of blood alcohol concentration, driven a Gamna car at a section of approximately 100 meters from the 100-meter radius to the front road of the Gamnao club located in the Nam-gu, Namcheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Criminal records and other inquiries, investigation reports, and application of summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the circumstances, such as where the defendant has no power to be punished heavier than the fine due to the same kind of drinking driving, etc.);

1. Article 62 (1) of the Criminal Act (Consideration of the circumstances mentioned in the preceding and the fact that the defendant commits an error, etc.);

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

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