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(영문) 대구지방법원 포항지원 2016.08.11 2016고단696
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

Defendant

1. On May 2, 2016, around 04:15, a person drives B in the state of alcohol alcohol concentration of about 0.114% at the 5km section from the front day of a main point where it is impossible to identify the trade name in the north-gu Seongbuk-dong at the port to the end of the elelelel road in the south-gu at port, South-gu.

2. On the same day, the said vehicle was driven under the influence of alcohol content of about 0.154% in the section of about 8 km from the 56 elelel in the south-si, Nam-gu, 06:05 to the lurbane in the north-gu, Yando to the lurbane in the north-gu, Yando.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of punishment for each crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the crime of violation of Road Traffic Act due to drinking on May 2, 2016, with heavy circumstances)

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 are two times the records of punishment for driving under drinking, the high drinking level, the crime of driving under continuous drinking, the fact that the person committed a crime of driving under continuous drinking, the fact that there are many favorable records of punishment: The fact that a traffic accident does not occur due to simple drinking, the fact that the person commits a crime against mistake, and the fact that there is no record of punishment exceeding fines due to the same kind of crime;

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