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(영문) 대구지방법원 포항지원 2015.08.26 2015고단377
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2010, the Defendant received a fine of two million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court’s Port Support on December 27, 2010, and a fine of three million won due to the same crime in the same court on June 1, 2012.

Nevertheless, at around 00:20 on May 10, 2015, the Defendant driven a D-to-purd motor vehicle from around 700 meters away from the Defendant’s house located in Posi-gu, Nam-gu, Nam-gu, and from around 0.124% of alcohol concentration to the Ccafeteria in the same Ri, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the person has been punished for the same type of crime, but this was received as of the date of 1995, and that there was no particular criminal record, other than the previous criminal records

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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