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(영문) 대구지방법원 포항지원 2018.07.05 2018고단527
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 3, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on September 3, 2012, and a summary order of KRW 5.5 million for the same crime on September 16, 2013.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven B strawing car from about 10 meters at the section of about 10 meters from the hump of the hump of the hump in the south-gu Sea-dong at the port of port to the front road of the hump of the hump in the same Dong, while under the influence of alcohol leveling 0.249% of the alcohol level from around 13:00 on April 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation reports (Attachment of judgment on driving under influence of alcohol);

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

1. Selection of an alternative imprisonment with prison labor (with the history of punishment for three times due to driving of alcohol, taking into account the circumstances, such as the fact that the instant crime was committed again despite the fact that the blood alcohol concentration among the blood transfusion of this case is considerably high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (the circumstances include the fact that there is no record of a crime of drinking alcohol driving exceeding a fine, the fact that there is no record of a crime of drinking alcohol driving, and the fact that a mistake is recognized and a serious reflect is taken into account);

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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