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(영문) 대구지방법원 김천지원 2018.10.29 2018고단905
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, from the Daegu District Court Kimcheon support, was under the influence of drinking on two or more occasions, due to a violation of Road Traffic Act (driving). A fine of KRW 2 million on April 12, 2007, a fine of KRW 1.5 million on November 23, 201, a fine of KRW 5 million on April 28, 201, and a summary order of KRW 5 million on April 28, 2014. On July 19, 2018, the Defendant driven a string car under the influence of alcohol on the roads from the front of the national large-type restaurant located in Kimcheon-si, Kimcheon-si, to the front of the bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home and inquiry of the fact of crackdown;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, and application of three-thirds of summary orders;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts, the choice of imprisonment (to take into account the fact that the degree of main practice has been less than 0.1% prior to driving on three occasions, the alcohol level in blood is equal to 0.1% and the degree of main practice has not been less than that in the signal atmosphere);

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The main sentence of Article 62 (1) of the Criminal Act (see, e.g., grounds for mitigation of amount of punishment and the fact that there is no criminal record of suspended execution or more

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

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