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(영문) 대구지방법원 포항지원 2017.10.11 2017고단404
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 October 1, 2015, in addition to the issuance of a summary order of a fine of two million won for a crime of violating road traffic law at the port branch of the Daegu District Court on 1. 2015, the defendant has the same power twice more.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on March 26, 2017, the Defendant driven BM7 car under the influence of alcohol concentration of about 0.138% from the section of about 100 meters to the road front of the studio in the body room located in the south-gu, Yancheon-gu, Yancheon-gu, Seoul, Seoul, to the end of the studio in the same way.

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 convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous judgment and related judgments);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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