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(영문) 대구지방법원 포항지원 2018.03.21 2018고단95
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 November 7, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving) from the Port Support of the Daegu District Court on November 7, 2008. On March 15, 2012, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (driving).

On February 3, 2018, the Defendant driven the B-wing truck under the influence of alcohol content of about 0.117% from the 3km section of blood, from the front of the “three-way apartment building in the middle port,” which is located in the Chang-dong in the Chang-dong in the North port north-gu in the port of port, to the “Futereung” road in the north-dong in the port of port of port.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving 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 in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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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