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(영문) 대구지방법원 포항지원 2019.01.17 2018고단1417
도로교통법위반(음주운전)등
Text

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

However, 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

On December 1, 2006, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act, and a summary order of KRW 4 million for the same crime on August 31, 2018 from the Daegu District Court and the Daegu District Court and the racing support.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, on October 7, 2018, the Defendant driven B low-est car in the section of approximately 8 km from 0.195 meters to the front of the inside of the inside of the inside of the inside of the same mechanical body in the state of under the influence of alcohol level of 0.195% without obtaining a driver’s license at around 01:30 on October 7, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to summary orders, etc. of the same case);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor (not only three times as a drinking driving, but also two months have passed after receiving a summary order due to a drinking driving, considering the fact that the instant crime was committed again before the lapse of two months, and the blood alcohol concentration is considerably high, and the distance operated also is the long distance);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3 (see, e.g., Supreme Court Decision 2009Do

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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