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(영문) 대구지방법원 포항지원 2017.08.23 2017고단789
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

On October 28, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act by the Ulsan District Court on the following grounds: (a) on June 4, 201, the Defendant was sentenced to a fine of ten million won for a crime of violating the Road Traffic Act in the Daegu District Court's Daegu District Court's racing support on June 4, 2013.

On June 9, 2017, the Defendant, while under the influence of alcohol 0.137% during blood transfusions, driven B rocketing car from approximately 300 meters away from the 300-meter radius to the front road of the Ritop Party located in the Dong-do, Southern-do, Chungcheongnam-do, Seoul Metropolitan City, in the condition of alcohol leveling to 0.137%.

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. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning criminal facts, the choice of punishment for a crime, and the choice of imprisonment (in consideration of the fact that the defendant has a criminal record of drinking and driving without a license, including a criminal record of probation),

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. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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