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(영문) 대구지방법원 김천지원 2019.05.02 2018고단1291

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

Reasons

Punishment of the crime

On June 8, 2011, the Defendant, at the Daegu District Court Kimcheon Branch, driven a DNA car with a fine of KRW 1.5 million, and a fine of KRW 3 million on November 15, 2018, after receiving a summary order of KRW 3 million for a violation of the Road Traffic Act on at least two occasions at the same court on the same date. However, on December 1, 2018, the Defendant, at around 03:00, driven a DNA car under the influence of alcohol concentration of approximately 0.104% in the section of about 1km from the front day of the old-si Sin Sinsi-si, Sinsi-si, Sinsi-si to the front day of the Gu-si B apartment-dong, around 03:0 on December 1, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Previous records of judgment: Criminal history records, probationary records, report on the results of confirmation before disposition, investigation report (Attachment of criminal records and reference cases), and application of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the blood alcohol concentration of the instant case; (b) the Defendant has no criminal record exceeding the fine; and (c) the Defendant is against the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the conditions of all the sentencing specified in the pleadings of the instant case, including the circumstances after