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(영문) 대구지방법원 포항지원 2018.11.16 2018고단1350
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

On July 15, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (driving) at the port branch of the Daegu District Court on July 15, 2009, a summary order of KRW 2,00,000 as a fine for the same crime in the same court on June 1, 2010, and a summary order of KRW 7,00,000 as a fine in the same court on January 4, 2016.

On October 12, 2018, the Defendant driven BM5 car at approximately 100 meters away from the north-gu, Y-gu, the north-gu, the north-gu, the north-gu, the north-gu, the north-gu, the north-gu, the north-gu, the north-gu, the territorial sea of which was about 0.139% of alcohol content while under the influence of alcohol at around 00:35.

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 (Attachment to the summary order, etc. of the same case) - Application of the Acts and subordinate statutes of each summary order;

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

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