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(영문) 대구지방법원 포항지원 2019.01.16 2018고단1492
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 1, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Port Support on April 1, 2009, and on September 2, 2013, the same court issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 21, 2018, at around 03:00, the Defendant driven a Dic acid car from approximately 5 K mK to the front road of the South-gu North Korean exchange zone in the same city from the roads in the south-gu in the port of port at one of the 0.199% alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (report on the confirmation of criminal records of the same kind) - Application of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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