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(영문) 대구지방법원 포항지원 2014.06.26 2014고단439
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2009, the Defendant was sentenced to a fine for the same crime in the Daegu District Court's Port Branch, and on September 17, 2010, in the Daegu District Court's Daegu District Court's Branch, and on January 3, 2012, the Defendant was sentenced to a suspended sentence for six months.

On April 20, 2014, at around 01:10, the Defendant, while under the influence of alcohol of 0.158%, driven a Grand Cross from around 4km to the Posi road located in the Posidong located in the Posi-dong of the Republic of Korea in the Posi-dong at the port to the Posi road located in the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Inquiry reports and the application of Acts and subordinate statutes for investigation reports (39 pages of investigation records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of conditions favorable to the defendant, such as the background leading the driver's license of the motor vehicle and the blood alcohol concentration of the defendant at the time);

1. Probation, order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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