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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1639

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 July 15, 201, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) from the Daegu District Court Port Branch on July 15, 201, and a summary order of KRW 3.5 million for the same crime in the same court on September 16, 2015.

Although Defendant was driven under the influence of alcohol over two occasions on November 19, 2016, Defendant 1 driven B-low-income cars in the state of alcohol alcohol level of about 0.171% in the front of the fish market, which was located in the north-gu death dong at the port on November 19, 2016, to the front of the oil station located in the same Gu-dong from the death-do death dong at the port to the front of the oil station in the same Gu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

1. Relevant provisions of the Act 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: In addition to each of the above circumstances, various sentencing factors recorded in the records, such as Defendant’s age, sex behavior, environment, conditions before and after crimes, etc., are taken into account, in addition to the fact that drinking power is twice high, circumstances favorable to the high drinking value: traffic accidents are not caused, and there is no specific criminal history except for those punished twice by a fine due to drinking, drinking, and the fact that the mistake is against each other;