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(영문) 대구지방법원 포항지원 2018.01.10 2017고단1422
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 April 11, 2014, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Port Branch on April 11, 201, and a summary order of KRW 5,00,000 as a fine in the same court on May 17, 2016.

On November 2, 2017, the Defendant driven BM6 car at the 1km section from the front day of the maintenance of South-do to the front day of the construction distance of the same Gu, in the state of alcohol leveling 0.056% of alcohol level among blood transfusions around 02:40 on November 2, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind as the suspect) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for the mitigation of weight (i.e., the fact that the drinking value is relatively minor, that there is no previous conviction exceeding the fine, and that there is a location in which the mother and the female are to support the baby);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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