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(영문) 대구지방법원 포항지원 2019.01.10 2018고단1407
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 February 18, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime in the same court on April 18, 2016.

Although the Defendant had been punished twice or more for the violation of the Road Traffic Act (driving) as above, on September 28, 2018, the Defendant was under the influence of alcohol with 0.092% of blood alcohol level around 22:41 on September 28, 2018, the Defendant driven a FNVS car from around 700 meters to the front day of the Ejuk located in the south-gu Seoul Food Service Center located in B at Port at Port during the port of port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of summary orders in the same case);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor as a matter of choice (with the records of punishment twice for driving, considering that the person again commits the instant crime even though he/she had been punished for driving);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Jan. 1, 2006);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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