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(영문) 대구지방법원 포항지원 2018.05.10 2018고단286
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 March 2, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, to the port branch of the Daegu District Court on March 2, 2009, on May 1, 2014, to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on March 9, 2018, the Defendant driven D AW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

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 (to take into account the circumstances, such as the fact that a person has been punished three times due to drinking driving, but again leads to the instant crime);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (including the fact that the numerical value of alcohol concentration among the blood transfusion of this case is not significantly high, the fact that there is no record of the same kind of crime exceeding the fine, the fact that there is no record of the crime exceeding the fine, and the fact that there is a wrong recognition of and a serious reflection);

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

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

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