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(영문) 대구지방법원 포항지원 2016.07.07 2016고단345

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On December 1, 2006, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act in the port support of the Daegu District Court on December 1, 2006, a summary order of KRW 1,50,000 for the same crime in the same court on February 18, 2008, and a summary order of KRW 2,50,000 for the same crime in the same court on June 15, 2009. On October 8, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in August.

[2] While Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a DoW520d car at a level of approximately 300 meters in front of the girth of the girth of the girth of Apr. 10, 2016, while under the influence of alcohol level of 0.074% at around 22:0 on Apr. 10, 201, at a level of around 300 meters in front of the girth of the girth of the girth of the south-gu girth of the girth of the south-gu girth of the Sin

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, report on investigation (Attachment to the same type of judgment);

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 the defendant has been punished for driving under drinking, including a stay of execution, on five occasions, and that there are many favorable records that he/she has been punished for driving under drinking: The fact that he/she has not caused a traffic accident due to a simple drinking driving, the fact that the drinking value is not relatively high, the fact that there is no particular criminal record that he/she has been suspended from the execution due to driving under drinking for about four years prior to the suspension of execution, and that