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(영문) 대구지방법원 포항지원 2018.06.14 2018고단484
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 July 28, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on June 22, 201.

Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven Birst cargo at approximately 100 meters from the mother port in the south-gu port at the long-term port of port at the port of port of port in the port of port in the south-gu port of port to the front of the sea-going restaurant in the same rith, while under the influence of alcohol level of 0.18% from around 18:00.

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 conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 three times due to driving of drinking or refusing to measure drinking, etc., taking into account the fact that the crime in this case was committed);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the same Act (see, e.g., Supreme Court Decision 2009Da144

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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