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(영문) 대구지방법원 포항지원 2016.01.28 2015고단1256
도로교통법위반(음주운전)등
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

[criminal history] On September 30, 2013, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Changwon District Court Branch on September 30, 2013, and was issued a summary order of KRW 5 million for the same crime at the Changwon District Court on May 2, 2014.

[Criminal facts] On September 26, 2015, the Defendant driven a 100-meter B rocketing car on the road near the common bathing beach parking lot located in the north-gu, Dong-gu, Dong-dong under the influence of alcohol by 0.122% during blood while under the influence of alcohol at around 03:50 on September 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. The driver's license ledger;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by 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 history of being punished for three times due to drinking driving, drinking or a traffic accident during driving without a license, the circumstances that are favorable to the high drinking level: Traffic accident does not cause any particular damage due to the occurrence of only the self-motor vehicle damage, the driving distance is not relatively long, the driving distance does not have any history of punishment exceeding a fine, and the fact that there is no history of punishment exceeding a fine, and the fact that the driving is against

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