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(영문) 대구지방법원 포항지원 2016.03.24 2016고단38

도로교통법위반(음주운전)등

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 April 15, 2009, the Defendant received a summary order of KRW 3 million for a violation of road traffic law (drinking driving), etc. on June 3, 2013, a summary order of KRW 10 million for the same crime, etc. in the same court on June 3, 2013, and a summary order of KRW 8 million for the same crime, etc. in the same court on March 4, 2015.

Although there was a history of punishment two or more times due to drinking driving, the Defendant driven Bsch Rexn car under the influence of alcohol level of about 0.169% in the direction of 4 km in front of the road in front of the south-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nampo-gu, the Nampo-si, the Nampo-gu, the Nampo-gu, the Nampo-gu, the Nampo-gu, the Nampo-gu, the Nampo-gu, the Nampo-gu, the Nampo-gu, the Nampo-gu, the Nampo-gu, the Nampo

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by 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: The fact that drinking and the history of punishment for driving without a license are more likely to have been punished twice due to the crimes that include drinking, driving without license, etc., circumstances that are favorable to the fact that drinking value is high: The fact that there is no traffic accident due to simple drinking, driving without license, and there is no history of punishment exceeding the fine, and the fact that there is no error.