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(영문) 대구지방법원 포항지원 2017.11.09 2017고단1167

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

[2] On February 18, 2008, the Defendant issued a summary order of KRW 6 million for the same crime at the same court on November 2, 2009 and issued a summary order of KRW 6 million for the same crime at the same court on June 15, 2012. On December 18, 2013, the Defendant was sentenced to a suspended sentence of 8 months to imprisonment with labor for a crime of violating the Road Traffic Act (driving) and a violation of the Road Traffic Act (unlicensed Driving) at the same court on June 2, 2008.

[2] Although Defendant 1 was punished twice or more due to drinking driving, Defendant 2 driven B rocketing car from around 500 meters from the front day of the so-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called B-young car at the same time on August 30, 2017 to the front day of the so-called So-called So-called So-called So-called So-called So-called So-called So-called So-called B-young car at around 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (attached report, such as a summary order, etc. of the same kind of power);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 circumstances favorable to the defendant who has been punished several times due to a violation of traffic laws on roads: The defendant's mistake is divided and does not repeat again, and considering all such circumstances as the above and the defendant's age, sex behavior, career, etc., the sentencing conditions specified in the arguments of this case shall be determined as ordered by taking into account all the circumstances, including the above circumstances and the defendant's age, sexual behavior, and career.