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(영문) 대구지방법원 포항지원 2018.07.20 2018고단601
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

[criminal history] On March 2, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Port Support of the Daegu District Court (LAF). On August 16, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (LAF) in the Daegu District Court Port Support (LAF).

[Criminal facts] On May 24, 2018, the Defendant driven a B Trate car under the influence of alcohol content of about 0.088% at a section of about 2km from the road near the bus terminal located in the south-gu port of port to the construction distance in the Yong-gu port of port.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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