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(영문) 대구지방법원 상주지원 2019.06.11 2019고단64
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 27, 2011, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on March 31, 2014.

On March 3, 2019, the Defendant, while under the influence of alcohol of 0.198% on blood alcohol concentration at around 17:00, driven C SP car at the section of about 1k meters from the front of the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-do, to the front of the Main Mapo-ri Road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of drinking control results;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) concerning criminal facts (the point of sound driving)

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (including the cases of violation, the occurrence of human or material injury, the absence of criminal records of a suspended sentence or more, and the obvious social relationship);

1. Probation, community service, or order to attend a lecture, etc. under Article 62-2 of the Criminal Act (including the fact that there are many previous and several persons, and the fact that drinking water is in a state of detention by 0.198%);

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