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(영문) 대구지방법원 김천지원 2018.12.20 2018고단985
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2010, the Defendant violated the prohibition of drinking on two or more occasions, such as a summary order of a fine of one million won due to a violation of the Road Traffic Act (drinking driving), a summary order of two million won due to a violation of the Road Traffic Act (drinking driving) in the same support on January 29, 2014, and a summary order of five million won or more due to a violation of the Road Traffic Act (drinking driving) in the same support on June 25, 2014.

On August 25, 2018, around 04:00, the Defendant driven a car with C low alcohol level of about 0.061% in alcohol level from the section of approximately 1-2 km from the previous 24 o's Yandong-si, Guro-si, 24 o's Yandong-si, to the previous 2nd o's road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an accident scene photograph, a report on the circumstances of the driver of a vehicle, inquiry of the results of crackdown on drinking driving, a survey report on actual condition, and on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning facts constituting an offense, the choice of imprisonment for a crime (the point that allows the previous conviction of the same kind, and the point that causes a traffic accident that causes the shock of parked vehicles);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the reflective point, the blood alcohol concentration is not relatively high, and there is no previous criminal record exceeding the same kind of fine);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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