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(영문) 대구지방법원 포항지원 2017.12.06 2017고단1291
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 September 15, 2010, the Defendant received a summary order of a fine of one million won for a crime of violating road traffic law (drinking) from the Daegu District Court Port Branch on September 15, 2010, and a summary order of three million won for the same crime from the same support on August 16, 2012, respectively.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on September 24, 2017, the Defendant driven a BM6 vehicle while under the influence of alcohol with approximately 0.156% alcohol concentration in the 1km section from September 24, 2017 to the roads adjacent to the Dondong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-do.

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 Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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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