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(영문) 대구지방법원 포항지원 2016.06.30 2016고단464
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

[criminal history] On August 20, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the port branch of the Daegu District Court on August 20, 2013, and a summary order of KRW 5 million for the same crime at the same court on July 15, 2010, respectively.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven B Belgium car under the influence of alcohol concentration of approximately 0.134% from the 100-meter section to the road front of the funeral ceremony of the Port Medical Center located in the North-gu, North-gu, Mapo-dong on May 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the same criminal record and summary order);

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 a fine is imposed twice due to drinking alcohol driving, etc., the fact that a traffic accident is not caused due to a simple drinking driving, the driving distance is not relatively short, the fact that there is no particular penalty power except for a fine imposed due to drinking driving, etc. on two occasions, and the fact that a mistake is against the law;

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