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(영문) 대구지방법원 포항지원 2016.08.25 2016고단850
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 23, 2016, the Defendant driven B Poter Cargo at approximately 0.316% under the influence of alcohol level 0.316% from the front side of the parking lot for the Cheong forest market located in the Nam-gu Cheong forest-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-si, to the front side of the Busan Bank located in approximately 343m of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant provisions of the Act and Articles 148-2 (2) 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: Consideration of various factors for sentencing indicated in the records, such as Defendant’s age, sexual behavior, environment, and circumstances before and after crimes, other than each of the above circumstances, are considered in light of the fact that there was a history of punishment four times, including a suspended sentence due to drinking driving, etc., and that drinking is very favorable: there was no traffic accident; there was no history of punishment exceeding a fine following a suspended sentence for about 11 years; there was no history of punishment following a suspended sentence for about 11 years;

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