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(영문) 대구지방법원 김천지원 2019.01.09 2018고단1090
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 November 10, 2006, the Defendant received a summary order of KRW 2,50,000 from the Daegu District Court to a fine of KRW 2,50,000 due to a violation of the Road Traffic Act (driving) and a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on December 14, 2017.

Although the Defendant had been punished twice or more due to drunk driving, around October 6, 2018, the Defendant driven an E-7 vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.147% from the 100-meter section from the front of a restaurant in the vicinity of the Guro-si B apartment to the front road in C. In addition, around October 6, 2018.

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. A report on internal investigation:

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related 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;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

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

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