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(영문) 대구지방법원 김천지원 2018.06.05 2018고단314
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 October 29, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and on February 22, 2013, the Defendant was issued a summary order of KRW 3.5 million for the same crime in the same court.

[Criminal facts] On March 26, 2018, the Defendant driven a B knife vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.158% at a distance of about 100 meters from the front of the Geum River Corporation in the Gumi-si, Simsi to the front of the Central Road in the same Dong.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions: A reply to inquiry, such as criminal history, each disposition, previous convictions, and application of each summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the fact that the defendant is against his/her will and that he/she has no record of criminal punishment exceeding the fine for the same kind of crime);

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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