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(영문) 대구지방법원 김천지원 2018.07.18 2018고단496
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

On June 15, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon-cheon, and on December 17, 2012, the same court received a summary order of KRW 5 million as a fine for a violation of road traffic law (drinking driving).

On March 29, 2018, at around 22:51 on March 29, 2018, the Defendant driven a B-hand car while under the influence of alcohol concentration of 0.077% in front of the blood, on the roads of the Gu-U.S. Man-dong kindergarten.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of a driver who is in charge of driving and an inquiry about the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and text of the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of punishment for imprisonment (in total of four times of driving before driving alcohol), and the selection of punishment (in consideration of a total of four times of driving criminal records);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 2006Da1248, Apr. 1, 201)

1. The main sentence of Article 62 (1) of the Criminal Act (main sentence of Article 62 (1) of the Act on Suspension of Execution (limited to 18 years prior to the occurrence of grounds for reduction of amount of punishment and the previous sentence of suspension of execution, but only three times prior to the previous

1. Article 62-2 (1) of the Criminal Act concerning community service and order to attend lectures;

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