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(영문) 대구지방법원 김천지원 2018.09.05 2018고단634
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 was issued a summary order of KRW 1 million on October 6, 201, a fine of KRW 1 million on March 20, 201, and a fine of KRW 1.5 million on March 20, 201, respectively, in the Daegu District Court Kimcheon Support.

On June 3, 2018, the Defendant driven B, while under the influence of alcohol level of 0.095%, at a section of about 2 km from the same time to the four km in front of the P 5 Jeju Island at the same time on the road in front of the P 5 Jeju Island.

Accordingly, even though the Defendant had been punished more than twice as a crime of violating the Road Traffic Act (drinking driving), he again driven a motor vehicle while under the influence of alcohol.

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 conviction: Application of a written inquiry and a written summary order, such as criminal history;

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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