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(영문) 대구지방법원 김천지원 2019.01.16 2018고단1138
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in the Daegu District Court Kimcheon-do, was a crime of violation of the Road Traffic Act (driving in Drinking), was a fine of KRW 3 million on February 14, 2012, and a fine of KRW 1.5 million on October 15, 2015, and was issued a summary order of KRW 1.5 million on two or more occasions. On October 20, 2018, the Defendant driven an Eururm car at approximately 10 meters from the 10m section to the front road of the CF D branch, while under the influence of alcohol concentration of KRW 0.106% from the 0m section to the 0.106% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous records: Application of one copy of inquiries, such as criminal records, and one copy of a summary order;

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. The reason for sentencing of Article 62-2(1) of the Criminal Act on community service and lecture attendance order is the fourth drinking driving, and the blood alcohol concentration is also high.

However, considering the fact that it was discovered while driving a vehicle to move the vehicle to the opposite line for the next day after the designated driving, the distance of driving for that reason is very shorter than 10 meters, and it is against the law, the punishment was set.

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