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(영문) 대구지방법원 김천지원 2018.07.17 2018고단478

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 history] On March 29, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and on April 14, 201, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon Support.

[Criminal facts] On May 6, 2018, the Defendant driven a B SP car with approximately 100 meters alcohol leveling to 0.092% in alcohol level from the distance of approximately 100 meters from the south-do fishery road located in 19-5, as the Gu-Simsi mountain, to the original intersection located in the Gu-Simsi, Gu-si.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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 for mitigation of amount of punishment (including the fact that the defendant is against his/her will and that he/she has no record of criminal punishment exceeding a fine, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);

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