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(영문) 대구지방법원 포항지원 2016.07.14 2016고단445
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 October 16, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court. On October 15, 2008, the Defendant received a summary order of KRW 1 million for the same crime at the same court.

[2] While Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven BM car from around 50 meters on May 1, 2016 at around 00:25 at around 00:059% of alcohol level among blood transfusions at around 00:25 on May 1, 2016 to around the 35th day of “WM car” against the same Gu from the alleyway near the live market in the north-gu at the port of port.

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 judgments of the same kind as the suspect);

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: Consideration of various factors for sentencing recorded in the records, such as Defendant’s age, sex, environment, conditions before and after the crime, etc., other than each of the following circumstances: The Defendant did not cause traffic accidents due to a simple drinking driving, the driving distance is relatively not high, and the driving distance is not relatively long, and there is no history of punishment exceeding the fine.

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