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(영문) 대구지방법원 김천지원 2018.06.26 2018고단248
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 May 27, 201, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon-cheon, and on May 14, 2012, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On March 10, 2018, the Defendant driven B Poter cargo under the influence of alcohol leveling 0.101% from the 2km section from the 2km section to the front road of the Si/Gu in the Gu/U.S. court in the Gu/Si/Gu in which it is impossible to identify the trade name in the Gu/U.S.-si Do-si Do-si Do-si around 21:10.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies 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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da1448

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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