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(영문) 대구지방법원 김천지원 2018.03.20 2017고단1732
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 January 21, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Daegu District Court, and was sentenced to a summary order of KRW 3 million for a crime of violating road traffic laws at the Daegu District Court on February 7, 2014.

[2] Although Defendant 1 had been punished for drinking driving two or more times as above, Defendant 2 driven BT car under the influence of alcohol leveling 0.092% from the 20m section of blood alcohol level to the front road of “Cheongdo-do-dong-dong-dong-dong-gu-gu-dong-dong-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the same Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2,

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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