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(영문) 대구지방법원 포항지원 2018.11.14 2018고단1219
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On April 29, 2015, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating the Road Traffic Act (drinking) at the port support of the Daegu District Court on April 29, 2015, and on September 4, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months due to a crime of violating the Road Traffic Act (drinking) at the same court.

[Criminal facts] On September 9, 2018, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.334% from the section of approximately 9km to around 18-lane 57, e.g., 56, the Pohang-gu, Pohang-gu, Pohang-ro, Pohang-ro, Pohang-gu, Pohang-gu, Pohang-gu, Pohang-gu, Pohang-gu, 16:40 on September 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of alcoholic beverages, and inquiry into the results of crackdown on driving alcohol (10 pages of investigation records);

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (verification of the same criminal records as the suspect),- Application of each one copy of the summary order;

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. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into account, such as that the number of times of the same kind of power and the drinking volume is very high, but the defendant's health status is not good);

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

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