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(영문) 대구지방법원 2018.12.13 2018고단4744
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 October 9, 2018, the Defendant driven a vehicle B with approximately 500 meters from the front side of the Seoul cafeteria, located in the 3-dong mountain of Daegu Northern-gu, Seoul, to the front side of the juitius in the same Gu, while under the influence of alcohol content of 0.108% among blood transfusion around 21:55.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The recognition and reflect of the crime, and the re-driving of drinking again, that there has been three times of punishment for a crime of violating the Road Traffic Act (drinking);

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