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(영문) 대구지방법원 포항지원 2015.02.11 2014고단1384
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant was issued a summary order of KRW 3 million on April 1, 2010 for a violation of the Road Traffic Act (driving) in the Daegu District Court Port Branch, and the Defendant was sentenced to a summary order of KRW 5 million on April 18, 201 for the same offense in the same court and was sentenced to a summary order of KRW 5 million on April 18, 201 for the same offense.

On September 25, 2014, at around 02:30% of blood alcohol level, the Defendant driven the said car at approximately 2 km section from the apartment parking lot located in the north-gu Seoul Metropolitan City in the north-gu to the area near the south intersection located in the same Eup/Myeon, and operated the said car at approximately 2 km from September 26, 2014, while under the influence of alcohol level of about 0.121% of blood alcohol level at around 03:10 on September 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, each inquiry into the results of the control of drinking driving, the circumstantial statements of drinking drivers, the report on detection of drinking drivers, the circumstantial report of drinking drivers, and the register of driver's licenses;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (attached to the previous records and summary order);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the crimes and the choice of punishment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order and attendance order under Article 62-2 of the Criminal Act: All of the crimes of this case are recognized and their errors are reflected, and there is no record of punishment exceeding the fine due to the same kind of crime: The same has been punished several times due to drinking driving and the driver's license is revoked.

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