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(영문) 대구지방법원 포항지원 2017.09.14 2017고단898
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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] On August 3, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of road traffic law at the port branch of the Daegu District Court on August 3, 2009, in the same court on August 2, 2011, and KRW 1.5 million as a fine for the same crime at the same court on June 1, 2012.

[2] Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (driving of Drinking), the Defendant driven a B-Tech car in the shape of alcohol concentration of about 5 km from the south-gu Si on July 1, 2017 to the front day of the 33-2 mobilization cell-ro 24, the same Gu door-ro from the Nam-gu Si on July 1, 2017 to the front day of the 33-2 mobilization accelerator, while under the influence of alcohol content of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (verification of the same type of force), and statutes;

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

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake in his/her name and thus does not repeat the crime; and (b) the Defendant’s age, environment, and sexual conduct, etc., considered all other circumstances that form the conditions for sentencing specified in the instant argument, shall be determined as indicated in the Disposition.

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