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(영문) 대구지방법원 김천지원 2018.08.28 2018고단512
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 April 14, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act by supporting the Daegu District Court Kimcheon, and a summary order of KRW 5 million for the same crime at the same court on July 24, 2012, respectively.

[Criminal facts] On May 15, 2018, the Defendant was under the influence of alcohol level of 0.132% among blood around 01:45, and was driving a car in B, B, the section from approximately 100 meters to the front of the convenience store located in the Gu, Sinsi, Sinsi, from the front of the restaurant located in the Gunsidong, to the front of the convenience store located in the Gunsi, Sinsi.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

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 a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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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