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(영문) 대구지방법원 김천지원 2018.08.30 2018고단298
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2006, the Defendant received a summary order of KRW 4 million on the grounds of a violation of road traffic law (drinking), etc. from the Suwon District Court, and on December 27, 2006, the same court issued a summary order of KRW 5 million on the grounds of a violation of road traffic law (drinking), and on May 22, 2009, issued a summary order of KRW 7 million on the grounds of a violation of road traffic law (drinking), and on August 27, 2014, issued a summary order of KRW 5 million on the grounds of a violation of road traffic law (drinking) in the support for the Daegu District Court Kimcheon-cheon Branch on May 22, 2009.

As such, the Defendant has a record of violating the prohibition of drinking twice or more.

On March 7, 2018, the Defendant driven a CA110 engine device under the influence of alcohol 0.14% from around 300 meters away from the 300-meter section of 300 meters alcohol level to the same fluorri 193-3 front road, which is kept in the account of Macheon-si, Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. References to inquiries, such as criminal history, and application of Part V of the summary order;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing, including the following: (a) the previous conviction for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the higher level of alcohol content in the blood transfusion of this case; (c) the circumstances leading to the instant crime; (d) the fact that there is no previous conviction exceeding the fine; (c) the Defendant is old and healthy; and (d) the character, conduct,

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