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(영문) 대구지방법원 포항지원 2019.08.21 2019고단763
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 11, 2010, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Seo-gu District Court’s Branch Branch, and on May 14, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime for six months at the same court on May 14, 2013, and on July 1, 2013, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) and the same court was sentenced to imprisonment with prison labor for eight months on August 29, 2014.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, on June 9, 2019, at around 0:10, the Defendant driven a e-car with low alcohol level from approximately 600 meters away from the south-gu B and the front parking lot located in C on the front of the building, under the influence of alcohol level of 0.19%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the same type of electric records, etc. attached);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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