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(영문) 대구지방법원 포항지원 2016.12.15 2016고단1387
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 May 2, 2011, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act, and a summary order of KRW 4 million for the same crime in the same court on November 18, 2013.

At around 00:20 on September 9, 2016, the Defendant driven a B rocketing car under the influence of alcohol concentration of approximately 0.164% from the front of the Cheong forest Twit-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-do, to the front day of the 755-ro of the Yon-ro 70m-ro of the Yon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. Previous records: Application of inquiry results, such as criminal records, investigation reports, and statutes;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: In addition to the above circumstances, various factors of sentencing indicated in the records, such as Defendant’s age, character and conduct, environment, and circumstances before and after the crime, etc., other than the following: The fact that there was a history of punishment for drinking driving three times, the circumstance that drinking water is highly favorable: The occurrence of traffic accidents, there is no history of punishment exceeding fines, and there is no history of punishment exceeding

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