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대구지방법원 포항지원 2018.11.08 2018고단1129

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.


Punishment of the crime

On October 1, 2010, the Defendant issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking) at the port branch of the Daegu District Court (Seoul District Court) and a summary order of KRW 6 million for the same crime at the same court on September 14, 2015.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on September 3, 2018, the Defendant 22:05 driven BMW 530i car from the 2km section to the front of the road in front of the oil station in the east-gu of the Dong-do in the case of the island located in the south-gu Do of Po-do at the port in the state of alcohol level of 0.158% under the influence of alcohol level of around 02:05 on September 3, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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 (in addition to the one who has been punished four times due to driving of alcohol, consideration shall be given to the fact that there are many other records of traffic-related crimes, and that the blood alcohol concentration in this case is considerably high, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;