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(영문) 대구지방법원 포항지원 2019.01.30 2018고단1463
도로교통법위반(음주운전)
Text

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

except that 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 July 21, 2006, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court, on October 31, 2006, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on April 6, 2007; on May 15, 2009, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act at the Daegu District Court on April 21, 2006; on May 15, 2009, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act at the Seogu District Court's Branch Branch on November 8, 2018, and the judgment became final and conclusive on November 16, 2008.

【Criminal Facts】

On January 6, 2018, at around 16:48, the Defendant driven a F Karen car with a 0.095% alcohol content at approximately 800 meters away from the road near C located in the north port B of the port of port to the Earte in the north port D of the port of port.

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

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 history records, inquiry reports, investigation reports (verification of the same criminal records as a suspect),- Application of each one copy of summary order and written judgment, respectively;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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