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(영문) 대구지방법원 포항지원 2016.02.18 2015고단1175

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 December 15, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving) in the Daegu District Court Port Support on December 15, 2009, and a summary order of KRW 1,00,000 as a fine for the same crime in the same court on January 15, 2010, and on February 5, 2014, in the Daegu District Court Kimcheon-cheon Branch Support, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime.

Although there are more than two occasions the previous records of punishment for driving under drinking, the Defendant, without obtaining a driver’s license on September 12, 2015, and driving a BS car at a level of 0.165% alcohol level in the blood while under the influence of alcohol level of 0.165% in the north-gu At the port of port, the Defendant, supra, driven a 200-meter-on apartment after the East Sclimian apartment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (A), and filing of criminal records and written judgments;

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 defendant has a history of having been punished four times, including a suspended sentence due to driving under drinking, and the crime of this case has been under the suspension of execution and has been under the suspension of execution due to a traffic accident resulting in a traffic accident while driving under drinking, and circumstances favorable to the high drinking value: a traffic accident due to a simple drinking and a non-licenseless driving.