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(영문) 대구지방법원 포항지원 2016.01.27 2015고단1237
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 8, 2009, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking), etc. on the part of Daegu District Court racing support. On January 19, 201, the Defendant was sentenced to imprisonment for a violation of Article 44(1) of the Road Traffic Act by the same court on two or more occasions, such as being sentenced to imprisonment for a violation of the Road Traffic Act (drinking), etc. on the part of two or more occasions. On October 6, 2015, the Defendant driven a vehicle at approximately 15 kilometers in B from the front of the Tri-gu Seoul District Court located in the second place of the Tri-dong located in the second place of the Tri-dong at the 0.158% alcohol level among the blood alcohol level at around 02:10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving (on the 7th page);

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (verification of criminal records of the same kind as the suspect, written judgments and expiration of term of punishment);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Military Service, and Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., is that the Defendant was punished twice due to drinking,

However, the fact that the defendant recognized all of the crimes of this case, and the means and result of the crime of this case, all of the conditions of sentencing, including the circumstances after the crime of this case, the age of the defendant, sexual conduct, family environment, etc., shall be determined as per the order.

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