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(영문) 대구지방법원 김천지원 2018.06.26 2018고단358
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 March 20, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law in the Daegu District Court Kimcheon-cheon, and on May 17, 2017, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court.

[2] On April 4, 2018, the Defendant: (a) was a person who violated the foregoing provision on the prohibition of drinking alcohol driving twice or more, and (b) driven B rocketing car under the influence of alcohol with approximately 0.116% alcohol level from the 120m section to the front road of LG dormitory located in about 19, Gu and Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si.

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 written inquiries about criminal history and other 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 (including the fact that the defendant is against his/her will and that he/she has no record of criminal punishment exceeding a fine, etc.);

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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