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(영문) 대구지방법원 포항지원 2019.06.13 2019고단247
도로교통법위반(음주운전)
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 201, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Daegu District Court Port Support on May 18, 201, and a summary order of KRW 3 million for the same crime in the same court on October 8, 2014, respectively.

On February 2, 2019, at around 21:30, the Defendant driven C truck with a blood alcohol concentration of about 0.129% in a section of approximately one kilometer from the Don of the Donsan farm adjacent to the Donsan-gu, Northern-si, North Korea, to the Dondong-gu B before the port of port.

As a result, the defendant had been punished for drunk driving more than twice but has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that selects the punishment for a crime [the selection of imprisonment and the blood alcohol concentration level, etc. shall be taken into account];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the violation of an error and the fact that a traffic accident has not been caused from the driving of this case);

1. Article 62 (1) of the Criminal Act on the suspended execution [The grounds for discretionary mitigation and the fact that there are no criminal records subject to the punishment heavier than the suspended execution];

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

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