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(영문) 대구지방법원 김천지원 2018.05.16 2018고단115

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

The Defendant has been in violation of the prohibition of drinking regulations on two or more occasions, such as receiving a summary order of a fine of five million won or more due to a crime of violating the Traffic Act on September 21, 2009, a fine of one million won or more due to a violation of the Road Traffic Act on July 29, 2010, a crime of violating the Road Traffic Act on July 29, 201, and a violation of the Road Traffic Act on May 16, 2014.

On February 8, 2018, the Defendant driven a vehicle under the influence of alcohol by driving the vehicle in C in the C T-gu while under the influence of alcohol at approximately 0.135% of alcohol in the section of about 1km from the front of the S-si S-si S-si Shodong to the road in front of the singing of the Gu-U.S. Ping on February 8, 2018.

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 convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 orders to provide community service and attend lectures;