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(영문) 대구지방법원 김천지원 2018.06.08 2018고단257
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 October 8, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) on October 10, 201 and a fine for a violation of the Road Traffic Act (drinking driving) on October 10, 201, and on December 12, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving).

On March 5, 2018, at around 22:00, the Defendant driven a Clearning car with approximately 0.196% alcohol concentration in the front side of the Embrid 6-13, a 39-gil, in the city, from the front side of the Embrid Do-ro 39-13, to the front side of the Embrid Do-ro 199, in the same city.

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 inquiries, such as criminal history, replys to inquiries, and application of three-thirds of summary orders;

1. Relevant legal provisions, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment for a crime (in consideration of the degree of three-time driving before and after driving alcohol), and the choice of the punishment for a crime (in consideration of the degree of three-time driving before and after driving alcohol);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (Article 55 and Article 55 (1) 3 of the Criminal Act (Taking into account circumstances after committing the crime, such as family relations of the defendant, the background leading to the crime, and participation in

1. The main sentence of Article 62 (1) of the Criminal Act (the grounds for mitigation of the amount of punishment and the fact that there is no previous offense exceeding the fine) ;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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