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(영문) 대구지방법원 김천지원 2018.08.21 2018고단596
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 July 13, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 2.5 million for the same crime at the same court on May 23, 2012, respectively.

[Criminal facts] On May 25, 2018, the Defendant was under the influence of alcohol level of 0.104% during blood transfusion around 21:19, and was driving a B-the-art car in the section of about 10 meters from the front day of Paris Embrate in the Gu and Sinsidong to the front day of the Matern Animal Hospital located in the Gu and Sinsi-ro 68.

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, report on investigation (applicable previous convictions in the same case and confirmation);

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 quantity (the grounds that the defendant is against his/her will and there is no past record of criminal punishment exceeding the fine, and the circumstances and distance, etc. of the driving of this case);

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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