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(영문) 대구지방법원 포항지원 2016.04.07 2016고단80

도로교통법위반(음주운전)

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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 December 27, 2011, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act by the Daegu District Court, and on May 29, 2012, the Defendant was issued a summary order of 5 million won for a fine of 2.5 million won for the same crime.

Defendant had been punished twice due to drinking driving as above, but around 00:50 on January 9, 2016, Defendant 1 driven Bschton car with approximately 1.5 km of alcohol level 0.236% in alcohol level in the front of the port, Dong-dong 58-7, Dong-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver involved, response to a request for appraisal, and report on the detection of the driver involved;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

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 punishment for two times due to drinking driving, circumstances favorable to the high drinking value: The fact that there is no traffic accident due to a simple drinking driving, the fact that there is no particular history of punishment other than the fact that a fine has been imposed on two occasions due to a crime different from that that of a punishment for driving under drinking, and the fact that there is against mistake;