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(영문) 대구지방법원 김천지원 2018.05.31 2018고단163
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 22, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the resident support area at the Daegu District Court on July 2, 201, and was sentenced to a fine of three million won or more for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon on March 21, 201, and was sentenced to a summary order of three million won or more.

On December 14, 2017, at around 19:48, the Defendant driven Bsch Rexn car under the influence of alcohol content of approximately 0.086% from the 18km section to the southwest-to-west of the Gumi-si, Gumi-si, Seoul Metropolitan City, to 6:7:00,000, the Defendant driven the Bsch Rexn car in the state of under the influence of alcohol content of around 18km.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of each of the Acts and subordinate statutes, such as written inquiries about criminal history, investigation reports (verification of criminal suspect stay period and of the same kind of force), judgment, etc.; and

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The punishment is determined as ordered by comprehensively taking account of the following factors: (a) a person was sentenced to imprisonment for six months on December 1, 2016 for the same kind of crime and six times in total, including the previous convictions subject to the application of statutes under Articles 53 and 55(1)3 of the Criminal Act; (b) a person was sentenced to imprisonment for two years on December 1, 2016 for a violation of the Road Traffic Act (unlicensed Driving); (c) a person repeats the crime during the period of the suspended execution; (d) a person reflects the character

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