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(영문) 대구지방법원 김천지원 2018.08.22 2018고단532
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

In the Daegu District Court Kimcheon support, on May 24, 2013, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) and KRW 5 million as of July 12, 2013, respectively.

On May 17, 2018, the Defendant was under the influence of alcohol content of 0.083% from blood transfusion around 01:56 on May 17, 2018, the Defendant driven B rocketing car at the section of about 2 km from the 26-200-ro Man-si to the 5-ro 40-lane Man-dong center of the same city from the 5-lane Man-dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

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 convictions indicated in the judgment: A criminal investigation report (verification of previous convictions) - Application of a copy of each summary order attached thereto;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act, the selection of imprisonment for a crime, and the selection of punishment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., the degree of main practice, the point of reflectment, etc.) of the mitigated amount;

1. The main sentence of Article 62 (1) of the Criminal Act (the grounds for mitigation of amount of punishment and the fact that there is no previous conviction exceeding the fine) ;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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