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(영문) 대구지방법원 김천지원 2018.08.16 2018고단379
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 10, 2011, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the Daegu District Court Kimcheon-gu branch on August 10, 201, and on September 30, 2013, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving).

On April 17, 2018, at around 06:58, the Defendant driven BNEW xG car in the state of alcohol with approximately 500 meters alcohol content 0.142% while under the influence of alcohol from the public parking lot in front of the Yellow-dong Saemaul Treasury in the Gwanak-gu Seoul Metropolitan City to the roads in front of the Dong-dong middle school in the Gu-si.

Although Defendant 2 had been in violation of the foregoing provision on the prohibition of drinking driving twice or more, Defendant 2 driven BNEW franchise under the influence of alcohol concentration of approximately 0.084% from the 500m section of alcohol level to the 35th 7th eth eth eth rith eth eth eth rith eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e

Summary of Evidence

"2018 Highest 379"

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. Three copies of an inquiry letter, such as criminal history, and three copies of a summary order "2018 high order 551";

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. Application of Acts and subordinate statutes to the investigation report (a report on confirmation of the same kind of power);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The criminal records of the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act and the time of such crime, the amount of alcohol content among each of the blood of this case, the amount of alcohol content in each of the blood of this case twice in a short period of time, and the Defendant is under suspension of the execution of his/her imprisonment with prison labor for special larceny in the Daegu District Court Kimcheon on May 23, 2017, and he/she is under suspension of the execution of his/her imprisonment with prison labor for ten months.

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