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(영문) 대구지방법원 포항지원 2016.05.26 2016고단162

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

[Power of crime] On May 14, 2010, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law (drinking) at the port branch of the Daegu District Court, and a summary order of KRW 3 million for the same crime at the same court on May 15, 2009.

[2] Even if Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act two or more times, Defendant 2 driven B-type cargo under the influence of alcohol concentration of about 0.05% in a section of about 500 meters from the 500-meter distance from the front side of the Port Medical Center located in the North-gu Port D-dong at the port on February 26, 2016 to the spring interest distance located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the same criminal record and summary order);

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: The fact that there exists a history of being punished five times due to drinking driving and other favorable circumstances that are favorable to the fact that a person has been punished several times due to an offense related to driving under the influence of alcohol: The fact that a person does not cause a traffic accident due to a simple drinking driving, the fact that the drinking value is not high, the fact that there is no record of being punished exceeding the fine due to driving under the influence of alcohol, and