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(영문) 대구지방법원 김천지원 2018.09.19 2018고단775
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, in the Daegu District Court Kimcheon, was a crime of violating the Road Traffic Act (drinking), was a fine of KRW 1 million on February 8, 2007, and was sentenced to a summary order of KRW 1.5 million on October 4, 201, which was issued on two or more occasions by a summary order of KRW 1.5 million on two or more occasions. On July 10, 2018, the Defendant driven a B K5 car while under the influence of alcohol level of approximately 300 meters from the front side of the grostcop golf course located in the Gumi-si, Nowon-si, Seoul Special Metropolitan City to the front road in the same Dong from the upper corner Gero Gero’s center in the same area of approximately 300 meters to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order, respectively;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act concerning community service and order to attend lectures;

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