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(영문) 대구지방법원 포항지원 2019.01.31 2018고단1609
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2013, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and a summary order of KRW 5 million for the same crime in the same court on April 29, 2014.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, on December 4, 2018, at around 01:12, the Defendant driven a Fpoter II truck from the front of C in the south-gu at the port of port to the front of the E point at approximately 500 meters, while under the influence of alcohol 0.20%, at around December 4, 2018, the Defendant driven a Fpoter II truck from the front of C in the south-gu at the port of port.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Selection of imprisonment with prison labor as a matter of choice (with the history of punishment for three times due to driving, it again leads to the instant crime, and considering that the blood alcohol concentration in the instant case is very high, etc.);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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