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(영문) 대구지방법원 김천지원 2018.05.01 2018고단146
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

[criminal history] On February 5, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and each of the summary orders of KRW 1.5 million for the same crime in the same court on October 25, 201, respectively.

[2] Although Defendant 1 had been able to violate the provision prohibiting driving of drinking alcohol twice or more, Defendant 1 driven CV car in the state of under the influence of alcohol with approximately 0.056% alcohol concentration in approximately 14km from the 14km section to the front road of the Do-dong community service center located in the Gu-Si/Gu-U.S.-si, Si-si around January 13, 2018, at around 14:45.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (Article 55 and Article 55 (1) 3 of the Criminal Act (the defendant reflects the defendant and has no record of criminal punishment exceeding the fine for the same kind of crime; considering the defendant's blood alcohol concentration level at the time of the instant case

1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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