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(영문) 대구지방법원 김천지원 2018.08.22 2018고단588
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

The Defendant was issued a summary order of KRW 1 million on March 29, 2007, a fine of KRW 1.5 million on August 3, 2007, and a fine of KRW 3 million on May 7, 2010, respectively, in the Daegu District Court Kimcheon Branch.

Although the Defendant had violated the drinking prohibition regulations twice or more, on May 27, 2018, the Defendant driven a B-to-be car in the state of alcohol alcohol level of approximately 0.162% in the 1km section from the front side of the Wonhohoho-gu, Seoul, Seoul, to the degree of flow distance in the Gumi-si, Gosi-gu, Gosi-gu, Gosi-si.

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 written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In regard to the punishment of Article 62-2(1) of the Criminal Act, criminal records, such as the high alcohol level among bloods on the grounds of sentencing, driving of drinking (4 times), driving without a license (1 time), traffic accidents (2 times), etc.: Provided, That considering the fact that most criminal records have old;

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