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(영문) 대구지방법원 김천지원 2019.02.20 2018고단1366

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

The Defendant, at the Daejeon District Court, has been under the influence of drinking on two or more occasions by receiving a summary order of KRW 1.5 million on March 5, 2010, and a fine of KRW 2.5 million on November 15, 2010, respectively. On November 2, 2018, the Defendant driven a e-mail-man car at a section of about five kilometers from the front of the Gumi-si B apartment to the front of the Dschool located in Gumi-si, Gumi-si, Seoul Special Metropolitan City, around 03:55 on November 2, 2018, while under the influence of alcohol concentration of approximately 0.085% from the section of about five kilometers to the front of the Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, inquiry of the results of crackdown on drinking driving, and field photographs;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records as the suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The third sentence of Article 62-2(1) of the Criminal Act on the grounds of the sentencing of Article 62-2(1) of the Order to provide community service and attend lectures was determined as follows: (a) the operator is under the influence of alcohol in the manner that he was under the influence of alcohol; (b) the operator was under the influence of alcohol in the train; (c) the operator had the ability to drive without a license; (d) the person has been sentenced to the suspension of the execution of imprisonment with labor;