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(영문) 대구지방법원 포항지원 2018.10.04 2018고단944
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

On June 1, 2011, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act in the same court on April 11, 2014.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven B rocketing car at approximately 15 meters from the front of the 191 Gabro 34, Gabro 191, Gabro 191, in the state of under the influence of alcohol level 0.169% from the blood around 03:00 on August 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (with the previous record of punishment twice due to driving under drinking, it again leads to driving under the influence of drinking of this case, and consideration of the significant degree of alcohol concentration among the blood transfusion of this case, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (including the short distance from driving under drinking, the fact that the distance from driving under drinking is shorter, the fact that there is no record of the same kind of crime exceeding a fine, and the fact that a mistake is recognized and the attitude of reflecting is visible);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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

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