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(영문) 대구지방법원 김천지원 2018.11.15 2018고단732

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon-cheon branch on September 15, 200, and received a summary order of KRW 1,50,000 as a fine for the same crime from the same support on May 24, 2013, and issued a summary order of KRW 6 million as a fine for the same crime on November 26, 2014

Although the Defendant had violated the provision prohibiting driving of alcohol more than twice as above, on June 25, 2018, the Defendant driven CM520 automobiles while under the influence of alcohol content of about 0.264% at a section of about 1km from the high distance of the Gu-U.S. Do-dong in the Gu-U.S. Do-dong in the high distance of the Gu-U.S. Do-dong, U.S., to the front road of the fishery region in the Gu-U.S., the Defendant driven CM520 automobiles with approximately

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, reports on the circumstances of the driving driver, reports on the actual condition, and photographs;

1. References to inquiries, such as criminal history, each disposition not yet made, and the application of each summary order 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the reflection of the fact, the fact that there is no previous conviction exceeding the fine, and the fact that the wife and the grandchild are not good enough to health);

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