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(영문) 대구지방법원 포항지원 2018.10.04 2018고단858
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2018, while under the influence of alcohol 00:50%, the Defendant driven a B-hand car from the front of the third apartment in the same Gu cooling-ro 580 knife-ro 580 knife-ro 580 knife-ro 86-19, Nam-gu, Yancheon-gu, Namcheon-gu, Seoul, Seoul, to the front road of the sports center.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

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

1. Selection of an alternative imprisonment with prison labor ( Consideration, such as the fact that the numerical value of alcohol concentration in the blood is high and the distance of driving in the state of drinking is considerable, and that there exists any history of being punished by a fine once due to driving under drinking, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da1449

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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