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(영문) 대구지방법원 김천지원 2018.04.25 2018고단50

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 was sentenced to a summary order of KRW 2.5 million on May 25, 2007, which was sentenced to a fine of KRW 2.5 million on November 21, 2017.

On January 8, 2018, at around 11:15, the Defendant driven a Cysta car in the state of alcohol concentration of about 0.148% in the section of about 1km from the section of about 1km to the 35-lane 33, from the parking lot of 309, the yellow-ro 115, a yellow-ro mix 115, the old-si Sim-si.

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 a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, the choice of imprisonment for a crime (to take into account the degree of driving, the occurrence of accidents, and other circumstances, such as the occurrence of an accident, etc., by continuously driving a motor vehicle before driving a motor vehicle or a parked motor vehicle while driving a motor vehicle);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 of the same Act shall be taken into account, such as the fact that

1. To refuse to repeat a crime while scrapping a motor vehicle under the main sentence of Article 62 (1) of the Criminal Act (the grounds for mitigation of the amount of the said small-scale work, and the reason therefor

(3) A family relationship, etc.)

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;