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(영문) 대구지방법원 김천지원 2018.10.18 2018고단488
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2014, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million by the same court on January 23, 2018.

Although the Defendant had any history of violating the prohibition on drinking alcohol driving more than twice as above, on April 28, 2018, the Defendant driven BM3 car under the influence of alcohol content of approximately 0.059% from the 600 meters away from the 600-meter radius to the road in front of the mountain heading 194 at the Gu, Sinsi-si, Sin-si, Sinsi-si.

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of the sentencing of Article 62-2 of the Order to Attend the lecture, the fact that the numerical value of alcohol level in the blood of this case is relatively high, the fact that the blood of this case is seriously contradictory and that the young children are raising alone, the circumstances leading up to the crime, the character and conduct of the defendant, and the environment, etc., shall be determined as ordered by the sentence

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