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(영문) 대구지방법원 김천지원 2018.08.29 2018고단655

도로교통법위반(음주운전)

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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

On January 2, 2012, the Defendant received a summary order of KRW 1,50,000,000 from the Daegu District Court Kimcheon and KRW 4 million from the Daegu District Court on December 30, 2015, respectively.

On April 12, 2018, at around 23:05, the Defendant driven B QM5 car in the state of alcohol alcohol concentration of approximately 0.156% from the 5km section to the front road of the Civil Defense Education Office located in the Gu, Sinsi-si, Nowon-si, Seoul, to the front road of the Civil Defense Education Office located in the Gu, Sinsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order, respectively;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the community service order;