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(영문) 대구지방법원 포항지원 2016.07.07 2016고단454

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 November 15, 2010, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court on November 15, 2010, and a summary order of KRW 1 million for the same crime at the same court on October 15, 2008.

[2] On April 22, 2016, Defendant 1 had the history of violating Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven Bworka car under the influence of alcohol concentration of about 0.202% from the 10m section to the 3rd distance from the 10m section of the Royal Capital, which is in the north-gu Yangdong-dong at the north-gu port around 22:50 on April 22, 2016

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, etc.);

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: In addition to the above circumstances, considering various factors of sentencing indicated in the records, such as Defendant’s age, sexual conduct, environment, and circumstances before and after the commission of the crime, there are several factors of sentencing indicated in the following records: The history of punishment for driving under drinking two times, and there are many other records, including punishment for driving under drinking, with high drinking level, high drinking level, traffic accidents are causing only minor physical damage, and traffic accidents are expected to have occurred due to traffic accidents, and comprehensive motor vehicle insurance is deemed to have been processed. The driving of drinking is entirely subject to a fine twice, and there is no excessive amount of fine after being sentenced to a punishment for a crime committed for about 15 years before and after the sentence for a different type of crime.