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(영문) 대구지방법원 포항지원 2018.04.04 2018고단86
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

[criminal history] On November 3, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on November 3, 2008. On December 15, 2009, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On February 4, 2018, the Defendant driven B Coin with alcohol content of approximately 0.059% in blood while under the influence of alcohol from approximately 500 meters to the road in front of the “Gang Domp” road located in the south-gu Yando-dong, Nam-gu, Yando-dong of the Republic of Korea to the “ Paris Domp” road in the same Dong.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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