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(영문) 대구지방법원 김천지원 2018.03.29 2017고단1742
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

In the Daegu District Court on May 4, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on November 11, 201, the same court received a summary order of KRW 2.5 million for the same crime.

On September 15, 2017, at around 02:10, the Defendant driven Dsch Rexton car at approximately two meters while under the influence of alcohol content of 0.193% in blood on the front of the C main office located in Guro-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order of education under Article 62-2 of the Criminal Act shall be determined by taking full account of the overall circumstances, such as the records of the same crime, the numerical value of alcohol measurement, the circumstances leading to the crime, and the reflection thereof, the fact that there is no record of punishment except for the previous conviction of a fine twice the judgment, the character, conduct and environment

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