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(영문) 대구지방법원 포항지원 2018.11.21 2018고단1360
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

[criminal history] The Defendant was issued a summary order of KRW 2.5 million in the Daegu District Court Port Branch on March 2, 2007 for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million in the same court as the same crime on December 1, 2009, respectively.

[2] On September 22, 2018, the Defendant driven such car in B car within about five kilometers from the fourth public corporation located in Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-do, the Defendant was under the influence of alcohol level of 0.178% in alcohol level during blood transfusion around 19:

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

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: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment on driving alcohol), and 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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