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(영문) 대구지방법원 김천지원 2019.01.22 2018고단1225
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 power] On November 17, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon branch on November 17, 2006, and on October 6, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon branch.

【Criminal Facts】

Although the Defendant had been punished for drinking driving two or more times as above, the Defendant driven a soft vehicle under the influence of alcohol with approximately 0.109% of alcohol level 0.109% from the front side of the C Elementary School located in Gumi-si B around October 29, 2018 to the front side of Gumi-si D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant is re-infidented and that the defendant has no record of criminal punishment exceeding the fine for the same kind of crime);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same circumstances as the above);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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