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(영문) 대구지방법원 포항지원 2018.03.21 2017고단1407
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 September 10, 2012, the Defendant is a person who received a summary order of a fine of three million won or more due to a violation of road traffic laws in the Daegu District Court Port Support on September 10, 2012, and a fine of four million won or more due to a violation of road traffic laws in the same court on January 7, 2015.

Although the Defendant had been punished twice or more due to drinking driving as above, on November 2, 2017, the Defendant driven a B SP-type car from approximately 2km to the front of the Dong SP-dong SP-type road from the front of the Dong SP-type square to the road of the same Gu, while under the influence of alcohol concentration of 0.10% during blood transfusion around 02:35 on November 2, 2017.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

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 an inquiry letter, such as criminal history, and an investigation report (report attached to the previous summary order) statute;

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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