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(영문) 대구지방법원 김천지원 2019.07.18 2019고단259
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

[criminal power] On July 12, 2013, the Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic in the Daegu District Court Kimcheon-do, and a fine of KRW 4 million for a violation of the Road Traffic Act from August 29, 2017 to the same support.

【Criminal Facts】

On March 15, 2019, at around 00:43, the Defendant driven a Crenren car in the state of alcohol alcohol concentration of about 0.124% from the 3km section to the roads in front of the Gu-U.S. building in front of the Gu-U.S. building in front of the cafeteria.

As a result, the defendant, who has been engaged in the violation of the Road Traffic Act at least twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

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

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. In full view of the defendant's criminal records of sentencing under Article 62-2 of the Criminal Act, alcohol concentration in the blood of this case, and the age, character and conduct, environment, motive, means and consequence of the crime of this case and the circumstances after the crime, the sentence like the order shall be determined.

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