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(영문) 대구지방법원 포항지원 2014.08.21 2014고단505
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2011, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court (Seoul District Court) on the following grounds: (a) on July 1, 2011, the Defendant was notified by the same court of a summary order of KRW 2.5 million for the same crime; and (b) on December 8, 2011, the Defendant was sentenced to imprisonment for six months with prison labor and two years with prison labor for the same crime.

At around 01:30 on May 19, 2014, the Defendant: (a) driven a B-crin car under the influence of alcohol concentration of approximately 0.112% from the road to the front road of the church, following the “folch of pleasure” in the Northern-dong, Northern-gu, Northern-dong at the port; and (b) drive the B-crin car under the influence of alcohol content of about 300 meters

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to summary orders of the same attached military unit);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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