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(영문) 대구지방법원 김천지원 2018.10.05 2018고단767

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 70,000,000,000,000,000 won on August 25, 2008, as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon Support. < Amended by Act No. 8535, Dec. 28, 2007>

On June 4, 2018, at around 22:30, the Defendant driven C’s car in a state of alcohol alcohol concentration of about 0.080% from the front day of the Nakdong River Sports Park in the Donsan-dong, Sinsi-si, Seoul around 500 meters to the front day of the Taeduk River in the same Dong.

Accordingly, even though the defendant had been punished more than twice for the crime of violating the Road Traffic Act (drinking), he once again driven the said car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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 conviction: Application of a reply to inquiry, such as criminal history, and a copy 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. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act concerning community service and order to attend lectures;