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(영문) 대구지방법원 김천지원 2018.04.03 2018고단55
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 December 20, 2007, 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 Branch of the Daegu District Court, and on December 26, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven BN vehicle under the influence of alcohol level of approximately 0.077% in the 300 meters from the front side of the Sinsi-ro 12-12, in the Gunsi-ro 12-12, from December 26, 2017 to the front side of the Gunsi-ro 12-12, the Defendant 1 driven BN vehicle under the influence of alcohol level of about 300 meters from the 300-meter section of alcohol level.

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 an inquiry letter, investigation report (the same kind of force) and other relevant 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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (the head of a Si/Gun/Gu shall be considered in light of the following facts: (a) there is no history of criminal punishment exceeding a fine; and (b) the degree of alcohol concentration among the blood transfusion 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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