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(영문) 대구지방법원 포항지원 2019.07.24 2019고단654
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

[criminal record] On June 1, 201, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on June 1, 201, and a summary order of KRW 7 million for the same crime in the same court on March 4, 2015, respectively. On May 11, 201, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violation of the Road Traffic Act (driving).

[Criminal Facts] Although the Defendant had been punished for drinking driving more than twice, on March 23, 2019, at around 04:55, the Defendant driven a E body-man car under the influence of alcohol concentration of approximately 0.050% at the two kilometers from the Do in front of the North-gu B apartment at the North-gu port of North Korea to the roads front of the D elementary school located in the North-gu, Gyeongpo-gu, North-gu, Gyeongpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same records of a suspect), each summary order, and the application of Acts and subordinate statutes attached to written judgments;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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