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(영문) 대구지방법원 김천지원 2018.05.31 2018고단130

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 February 11, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon, and on April 21, 201, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.

Around 00:40 on January 29, 2018, the Defendant driven B K7 cars while under the influence of alcohol with approximately 0.115% alcohol concentration in approximately 1km from the front side of the Dondong-dong Dondong-dong Dondong-dong Dondong-si to the front road of the Dondong Dondong-dong Dondong-dong Dondong-si, Seoul Special Metropolitan City at around 00:40 on January 29, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an on-site photograph of the driver involved in the accident, a statement of the circumstances of the driver involved in the accident, an investigation report (report on the circumstances of the driver involved in the driving), inquiry into the results of crackdown on drinking driving, a fact

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past 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. 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. Article 62 (1) of the Criminal Act on the suspension of execution (the consideration given in favor of a person who has not yet been punished by the same kind of fine, etc.);

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