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(영문) 대구지방법원 포항지원 2017.10.18 2017고단1044
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 8, 2014, the Defendant was issued a summary order of a fine of three million won or more due to a violation of road traffic laws in the Daegu District Court's Port Branch of the Daegu District Court's Branch of the Republic of Korea, and a fine of three million won or more due to a violation of road traffic laws (driving), etc. in the same court on March 28, 2016.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on August 7, 2017, the Defendant driven a BM3 vehicle while under the influence of alcohol with approximately 0.090% alcohol content from a portion of about 500 meters in blood to a 500-meter road located in the same Eup/Myeon principle, from the front of a cafeteria-gu, Yan-gu, Yan-gu, Yan-gu, Seoul Metropolitan City Yan-gu Yandong-gu to the front of the Gamon-gu, Yandong-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous judgment and related judgments);

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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