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(영문) 대구지방법원 김천지원 2018.06.20 2018고단349
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1.5 million on November 28, 2013, and KRW 2 million on April 25, 2014, as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon Support.

Although the Defendant had any history of violating the provision prohibiting driving of alcohol twice or more, on March 17, 2018, at around 01:00, the Defendant driven a C-eth alcohol vehicle under the influence of alcohol with approximately 0.058% alcohol concentration among blood alcohol level from the public parking lot of Song-dong, Song-dong, Young-gu, Seoul to the front road of the same Sinpdong-dong international siren at approximately 1.36km.

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 in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reports;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, the choice of imprisonment for a crime (it shall be taken into consideration the previous record of driving at least twice);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (the degree of primary employment is limited to a small number of punishment standards);

1. The main sentence of Article 62 (1) of the Criminal Act (the main sentence of a suspended sentence shall be taken into consideration when there is no previous offense, other than fines, twice);

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

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