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(영문) 대구지방법원 김천지원 2018.02.08 2017고단1574
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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 October 17, 2017, at around 20:47, the Defendant driven a Boper car under the influence of alcohol content of 0.142% while under the influence of alcohol, from the first apartment road near the Guldong in the Sinsidong, to the red ledger located in the same city commercial Dong 43 in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 2 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 fact that the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act has a record of being sentenced to a fine once in 2005 and once in 2014 due to the driving of drinking alcohol for the reason of sentencing, the amount of alcohol concentration in the blood transfusion, the background of the crime, the reflectivity, the fact that there is no criminal record exceeding a fine, and other circumstances such as the character, conduct, environment, family relationship, etc. of the defendant shall be determined

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