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(영문) 대구지방법원 포항지원 2019.01.09 2018고단1466
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On October 15, 2012, the Defendant was sentenced to a summary order of a fine of five million won due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court, and on November 19, 2012, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court. On July 23, 2014, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On November 18, 2018, at around 23:18, the Defendant driven a D low-speed car while under the influence of alcohol content of about 0.168% at approximately 1km at the entrance of the port north-gu C in the port.

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, investigation reports (verification of the same criminal records as a suspect), summary orders, and copies of judgment, respectively;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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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