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(영문) 대구지방법원 포항지원 2017.09.06 2017고단712
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On August 16, 2013, the Defendant received a summary order of KRW 1.5 million as a crime of violating road traffic law (drinking driving) in the Daegu District Court Port Branch on August 16, 2013, and a fine of KRW 4 million as a crime of violating road traffic law (drinking driving) in the same court on the same day.

Although Defendant had been punished twice or more due to drinking driving, Defendant 1 driven B K7 cars at the 1km section from the road near the Southern-gu Posting Port at Port to the north-gu Posting Port at Port and the road front of the Bank of Korea, while under the influence of alcohol at around 03:45 on April 18, 2017, at around 0.083% of alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A survey report on actual conditions;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment of the previous summary order) by statutes;

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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