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(영문) 대구지방법원 김천지원 2019.02.20 2018고단1231
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 received a summary order of KRW 3 million on August 28, 2015, respectively, as a crime of violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch court, as a fine of KRW 1 million on February 1, 2008, and a fine of KRW 3 million on August 28, 2015.

Although the Defendant had been punished twice or more due to drunk driving, on October 23, 2018, the Defendant driven a B low-speed car with approximately approximately 25 meters alcohol level 0.105% alcohol level from the front of a restaurant in the name of the Dobong-gu, Daegu District Court to the front road of the Gu, the Si court and the registry office of the Daegu District Court.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 (1) of the Criminal Act concerning community service or education;

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