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(영문) 대구지방법원 포항지원 2019.05.02 2019고단58
도로교통법위반(음주운전)
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2009, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on August 28, 2009, and a summary order of KRW 2.5 million as a fine for the same crime at the Port Branch of the Daegu District Court on October 10, 201.

On December 21, 2018, while under the influence of alcohol of 06:45%, the Defendant driven an E G80 car at a section of about 300 meters from the front of the south-gu B house at one port to the front of the Dmatet located in Nam-gu C at one port at one port at another.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of sound driving records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose a punishment for the option of crime [The case shall be taken into account the choice of imprisonment, blood alcohol concentration and the fact that the traffic accident has occurred from the driving of this case];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution [The grounds for discretionary mitigation and the fact that there are no criminal records subject to the punishment heavier than the suspended execution];

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

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