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(영문) 대구지방법원 포항지원 2018.03.21 2018고단61
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 June 15, 2010, the Defendant was notified of a fine of KRW 1.5 million for a crime of violating road traffic law (drinking) in the Daegu District Court Port Support on June 15, 2010, and the Defendant was notified of a fine of KRW 4 million for the same crime in the same court on November 26, 2013.

around 22:02 on January 18, 2018, the Defendant driven a B-owned car under the influence of alcohol level of about 0.073% from a 100-meter section of alcohol level to the front road, which is located from the influent road (hereinafter referred to as the "Sacheon-gu, Yong-gu, Yong-gu, Yong-gu, Seoul, to the influence 231-7 at port.

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, report on investigation (Attachment to the same type of previous convictions and judgment);

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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