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(영문) 대구지방법원 포항지원 2016.03.03 2015고단1346

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 August 1, 2007, the Defendant received a summary order of fine of two million won for a crime of violating road traffic law (drinking driving) from the Daegu District Court Port Branch on August 1, 2007, and on July 15, 2013, the Defendant received a summary order of fine of three million won for the same crime in the same court.

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking) as above, on December 6, 2015, the Defendant was under the influence of 0.119% of alcohol during blood transfusion around 22:00 on December 6, 2015, and driven a XG car by 500 meters from the front road of the “Tongyang Ro,” located in the rith of the Sinan-gu, Yan-gu, Yan-gu, Yan-gu, Sinan-gu, Yan-gu, Seoul, to the front road of the “Tyangyang Man,” located in the same Eup/Myeon located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to report criminal investigations (A), and other references;

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 record of being punished twice due to drinking driving, circumstances favorable to the high drinking value: The fact that a traffic accident is not caused due to a simple drinking driving, the fact that there is no particular record of punishment other than the fact that a person has been sentenced to a fine twice due to drinking driving, and the fact that a person reflects a mistake;