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(영문) 대구지방법원 포항지원 2018.07.04 2018고단602
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 October 16, 2006, the Defendant received a summary order of KRW 5 million as a fine for the same crime in the Daegu District Court Port Branch on the same day by the same court on May 16, 2007, a fine of KRW 1 million for the same crime, a fine of KRW 2.5 million in the same court on April 16, 2008, and a fine of KRW 5 million in the same court on February 19, 2014.

[2] The Defendant, at around 10:50 on May 18, 2018, driven C SP car under the influence of alcohol concentration of approximately 0.110% from the 200 meters away from the 731stm in the south-gu Yancheon-gu Steel road to the 308m-ro air condition from May 18, 2018.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same kind of force),- Application of summary order four Acts and subordinate statutes;

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 (i.e., selling a motor vehicle and reflecting it);

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

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