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(영문) 대구지방법원 김천지원 2018.08.16 2018고단327
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

On July 11, 2007, the Defendant received a summary order of 1.5 million won or more as a fine for a violation of road traffic law (drinking driving), and on August 31, 2009, in the same court, the Defendant received a summary order of 1.5 million won or more as a fine for a violation of road traffic law (drinking driving).

On March 22, 2018, the Defendant driven a B-wing truck from the 4km section to the road in front of the Clust apartment apartment in the old Sinsidong, in a state of alcohol of 0.121% of alcohol content among the blood transfusion around 20:35.

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 inquiries, such as criminal history, replys to inquiries, and application of three-thirds of 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. The punishment as ordered shall be determined by comprehensively taking into account the defendant's records of the same crime, the time of the crime, the amount of alcohol concentration in the blood of this case, the amount of fine exceeding the same kind of fine, the fact that there is no previous convictions that exceed the amount of fine, and all the other conditions of sentencing including character, conduct, environment and family relationship of the defendant for the reason of sentencing under Article

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