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(영문) 대구지방법원 포항지원 2018.01.31 2017고단1503
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 March 15, 2012, the Defendant received a summary order of KRW 5 million due to a violation of road traffic laws (drinking) from the Daegu District Court Port Branch on March 15, 2012, and a fine of KRW 3 million due to a violation of road traffic laws in the same court on December 17, 2013.

On November 4, 2017, the Defendant, while under the influence of alcohol of 00:12, driven B rocketing car from approximately 100 meters in the section of 100 meters from the front of the Dagndo 85-6, Nam-gu, Namdo at port to the front of the Dong apartment in the same Dong-dong, at the port of 0.213%.

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

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. The actual investigation report on traffic accidents;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind as the suspect) statute;

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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