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(영문) 대구지방법원 김천지원 2019.02.13 2018고단1290
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

In the Daegu District Court Kimcheon-do, the Defendant was guilty of the violation of the Road Traffic Act (driving). A fine of KRW 1 million on August 29, 2013, and a fine of KRW 2 million on November 3, 2017, and had a record of drinking twice or more by receiving a summary order. On November 19, 2018, the Defendant driven a F rocketing car under the influence of alcohol concentration of KRW 0.098% on the 7km section of approximately 7km from the roads of the gas station located in the Gumi-si, Gumi-si, Seoul to the roads in front of the Estore located in Gumi-si, Gumi.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Criminal records, etc., inquiry inquiry reports and application of double-order Acts and subordinate statutes;

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 (Considering the fact that the person is the third drunk driver);

1. Mitigation of discretionary factors: Articles 53 and 55 (1) 3 of the Criminal Act (the punishment of fines for the same type of crime shall be imposed twice, the punishment of fines for the same type of crime shall be imposed twice, the punishment of fines for the same type of crime shall be imposed once, and the punishment of fines shall be imposed,

1. The main sentence of Article 62 (1) of the Criminal Act (recognition of reasons for discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act concerning community service or education;

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