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(영문) 대구지방법원 포항지원 2016.12.22 2016고단1395
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2016, the Defendant driven a Bknife vehicle with blood alcohol concentration of about 0.068% at a distance of about 1.5 km from the road near the south-gu Sea-do in the south-gu in the port of port to the road after the happy 72 of the same Gu, the Defendant driven a Bknife vehicle with blood alcohol concentration of about 0.068% on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Taking into account various factors, other than the above circumstances, such as Defendant’s age, character and behavior, environment, and circumstances before and after crimes, other than the following: The escape while driving at a considerable distance to avoid crackdown; the person having a criminal record of drinking; the person having a criminal record of driving; and the person having a criminal record of multiple times; the person having a criminal record of driving is not causing a traffic accident; the person having a criminal record of drinking; the person having a criminal record is not relatively high; and

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