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(영문) 대구지방법원 포항지원 2016.11.23 2016고단1163
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On April 1, 2013, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, from the Daegu District Court's Port Branch on April 1, 2013, and issued a summary order of KRW 5 million as a fine for the same crime from the Daegu District Court's Branch on August 1, 2014.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act as above, on August 25, 2016, at around 01:30, the Defendant driven B E300 cars from the distance of about 2 km to the roads adjacent to the Young Frequency Epins in Yong-gu, Nam-gu, in the state of under the influence of alcohol at 0.129% of alcohol concentration, and from the roads adjacent to the Young Frequency Epins in the same Gu to the Young-gu, in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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