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(영문) 대구지방법원 김천지원 2018.02.06 2017고단1743
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 June 17, 2009, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 2 million for the same crime in the same court on December 17, 2012, respectively.

[2] Although Defendant 1 had been punished twice or more due to driving of drinking, Defendant 2 driven B cab while under the influence of alcohol at approximately 0.09% in the direction of approximately 200 meters from the front of the 200-meter radius to the 184 U.S. comprehensive dialogue-based industry, from the front of the 16-rom of the Gu-Sim-si around September 16, 2017, inasmuch as he/she was under the influence of alcohol.

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 criminal investigation report (Attachment to summary orders) 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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200

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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