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(영문) 대구지방법원 포항지원 2013.06.03 2012고합149 (1)
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the port branch of the Daegu District Court on February 18, 2008, was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act (driving) and a fine of 4 million won for the same crime in the same court on March 2, 2009, and a person who, at the same court on August 26, 2009, violated Article 44 (1) of the Road Traffic Act with a suspended sentence of 2 years for 6 months or more due to a violation of the Road Traffic Act (driving).

At around 23:30 on August 18, 2012, the Defendant driven B Poter cargo vehicles under the influence of alcohol with approximately 0.084% of blood alcohol content at the section of about 10km from the front of the floor restaurant of the Cukdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to the front of the Seowon-dong, Seopo-dong, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-gu.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of judgment)-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. The reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation are sentenced to a fine for each of the facts that the defendant drives a motor vehicle in the state of driving a motor vehicle under the influence of alcohol on February 18, 2008 and March 2, 2009, respectively. On August 26, 2009, the defendant was sentenced to a suspended sentence of two years for six months due to driving a motor vehicle without a driver's license. On November 1, 2010, the defendant was sentenced to a fine under the influence of alcohol level of 0.154% and 0.231%, respectively. On August 26, 2009, the defendant was sentenced to a suspended sentence of six months due to driving a motor vehicle in the state of alcohol level of 0.178% without a driver's license and was sentenced to a fine for driving a motor vehicle without a driver's license on November 1, 2010.

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