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(영문) 대구지방법원 포항지원 2017.01.19 2016고단1533

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 October 26, 2016, the Defendant driven CKanche II under the influence of alcohol content of about 0.113% at a section of approximately 1km from the 1km road in front of the port customs office to the same coast from the north-gu 2 Dong-dong Mag-dong Mag-dong Mag-dong to the same coast.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the detailed statement of the driver under driving and the results of crackdown on drinking driving;

1. Relevant provisions of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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: Consideration of various sentencing factors indicated in the record, such as Defendant’s age, sex behavior, environment, circumstances before and after the crime, etc., other than the following circumstances: The fact that there is a previous record of drinking, the circumstance that drinking is high: traffic accident is not caused, and there is no record of punishment exceeding a fine, except for a suspended sentence once for other crimes committed by approximately 25 years prior to the suspension of execution.