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(영문) 대구지방법원 포항지원 2018.07.25 2018고단668
도로교통법위반(음주운전)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 21, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court Port Support on December 21, 201, and a summary order of KRW 1 million for the same crime in the same court on September 15, 2011.

[Criminal facts] On June 2, 2018, the Defendant driven a Bknife car at a section of approximately 2 km from the 2km road located in the same Gu-dong parking lot in Han-dong where the death of the North-gu at port was under the influence of alcohol content of 0.125% during blood transfusion on June 2, 2018.

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, investigation report (Attachment to a copy of the summary order of the same kind of power);

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

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