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(영문) 대구지방법원 포항지원 2016.08.17 2016고단320

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 May 15, 2013, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating road traffic laws in the Daegu District Court Port Support on May 15, 2013, and on October 23, 2013, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic laws.

Although the Defendant had had a history of driving alcohol more than twice as above, the Defendant driven a B low-speed motor vehicle with approximately five kilometers around the road near the intersection of the Nam-gu Sog-dong in front of the port hot spring located in the north-gu Sogdong at the port at the port of port in the same time, while under the influence of alcohol level of 0.145% among the bloods around 10:20 on March 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

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

1. Relevant legal provisions 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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (wholly considering favorable circumstances);

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