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(영문) 대구지방법원 포항지원 2018.05.30 2018고단351
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 1, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on September 1, 2010, and on July 16, 2012, the Defendant was punished for drinking driving two times or more by a summary order of KRW 2 million issued by the same court as the same crime.

On March 3, 2018, the Defendant driven a B-learning car under the influence of alcohol content of about 0.144% in the 3km section from the Do of the Republic of Korea located in the north-gu Posco 259 at the port of port to the 331st of the Nam-gu New Port Posco in the south-gu New Airport as at the port of port of port from the Do of the Republic of Korea located in 259 at the north-gu Posco.

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 a reply to inquiry, such as criminal history, investigation report (the same type of crime history), and summary order-making 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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