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(영문) 대구지방법원 포항지원 2018.05.03 2018고단238
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 October 16, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic laws (drinking driving) at the port branch of the Daegu District Court on October 16, 2007, and a summary order of KRW 3 million for a crime of violating road traffic laws in the same court on March 27, 2014.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven a car in B from approximately 100 meters away from the 100-meter section to the square intersection in the same Dong and located in the south-gu Navy at the port of port in the state of alcohol concentration of 0.233% during the blood at around 22:00 on February 28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a summary order attached to the suspect's previous records);

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 for three times due to driving of alcohol, taking into account the circumstances, such as the fact that the instant crime was committed again despite the fact that the blood alcohol concentration is very high);

1. Consideration under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (including the fact that there is no record of crime exceeding a fine, the fact that there is no record of crime in excess of a fine, and the fact that the person shows an attitude to recognize a mistake and reflect in depth);

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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