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(영문) 대구지방법원 포항지원 2018.08.09 2018고단667
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 February 6, 2003, the Defendant issued a summary order of KRW 500,000,000 as a fine for a crime of violating the Road Traffic Act at the Daejeon District Court on April 1, 2013, the summary order of KRW 1 million as a fine for the same crime from the Port Branch of the Daegu District Court on April 1, 2013, and the summary order of KRW 5 million as a fine for the same crime from the Port Branch of the Daegu District Court on August 25, 2014.

On May 30, 2018, the Defendant driven at approximately 300 meters away from the public parking lot located in the south-gu at port to the road located in the same Dong, while under the influence of alcohol leveling 0.150% among blood transfusions around 23:07.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous summary order attached thereto);

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

1. Selection of an alternative imprisonment with prison labor (with the history of punishment for three times due to driving of drinking, again leading to the instant crime, considering the fact that the numerical value of alcohol concentration among the blood transfusion of this case is considerably high, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

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

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