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(영문) 대구지방법원 포항지원 2017.10.26 2017고단1159

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On May 1, 2013, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3.5 million for the same crime in the same court on January 27, 2015.

[2] Although Defendant 1 had been punished twice or more due to drinking driving as above, Defendant 2 driven a rocketing car at approximately 150 meters from the road front of a simplified station located in the B-dong in the B-dong at the port of port while under the influence of alcohol at around 02:14 on August 20, 2017 to the road front of the C-dong from the port of port under the influence of alcohol at 0.153%.

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 (report attached to a summary order 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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake is divided; (b) the Defendant has no particular criminal record in addition to the fine; and (c) the Defendant’s age, environment, and sexual conduct, etc., which are the conditions for sentencing specified in the argument of the instant case, shall be determined as ordered in full view of all the circumstances.